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2015 Supreme(P&H) 2278

IN THE HIGH COURT OF PUNJAB AND HARYANA
AJAY TEWARI, J.
ASHOK KUMAR @ SONU – PETITIONER
Vs.
STATE OF HARYANA – RESPONDENT
CRM-M No. 40346 of 2015
Decided On : 11-12-2015

Advocates:
Advocate Appeared:
For the Petitioner:Ravinder Malik, Advocate.

The seriousness of human trafficking and the necessity of custodial interrogation in such cases were central legal principles established in the judgment.

Headnote:

Anticipatory Bail - Immoral Traffic (Prevention) Act - 1956, Section 4, 5, 6, 7 - The court discussed the provisions of the Immoral Traffic (Prevention) Act, 1956, particularly Sections 4, 5, 6, and 7, and emphasized the seriousness of human trafficking and the necessity of custodial interrogation in such cases. The court dismissed the petition for anticipatory bail based on the gravity of the offense and the specific circumstances of the case.

Fact of the Case:

The petitioner filed for anticipatory bail under Section 438 Cr.P.C. in a case registered under Sections 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act, 1956. The allegations involved running a brothel and trafficking of women for prostitution.

Finding of the Court:

The court dismissed the petition for anticipatory bail, emphasizing the seriousness of human trafficking and the necessity of custodial interrogation in such cases.

Issues: The main issue was whether the petitioner should be granted anticipatory bail in a case involving human trafficking and prostitution under the Immoral Traffic (Prevention) Act, 1956.

Ratio Decidendi: The court considered the gravity of the offense, the specific circumstances of the case, and the seriousness of human trafficking in reaching its decision to dismiss the petition for anticipatory bail.

Final Decision: The petition for anticipatory bail was dismissed by the court.

JUDGMENT :

Ajay Tewari, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.637 dated 02.09.2015, registered under Sections 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act, 1956, at Police Station Sadar Karnal, District Karnal.

2. As per the allegations secret information was received that the petitioner was running a brothel. Raiding party was constituted and a decoy customer was sent. When the deal was struck, raiding party raided the premises where they found the co-accused along with two girls. As per the allegation the petitioner had handed over the currency note of Rs. 500/- to the co-accused sitting near girls and managed to escape and the same was recovered by the raiding party.

3. Learned counsel for the petitioner has argued that the petitioner not having been found from the spot is the first good ground that he should be granted the concession of anticipatory bail. Apart from this he has relied upon various judgments passed by this Court. The first one is CRM-M-2733-2015, titled as Mahipal Singh v. State of Haryana, decided on 20.03.2015 wherein this Court found as under :-

"The petitioner was required under the provisions of the aforesaid Acts and he pleaded that there is no other case registered against him. He was granted interim protection on 6.2.2015 pursuant to which petitioner is said to have joined investigation and it has been stated by the learned State Counsel on instructions from ASI Ravinder Kumar that petitioner is no longer required for investigation."

4. The second one is CRM-M-37631-2015, titled as Palo Rani v. State of Punjab, decided on 04.12.2015 wherein this Court found as under :-

"Notice of motion was issued and interim protection was granted.

Learned counsel for the State, on instructions from ASI Davinder Singh, Police Station Guruharsahai, Ferozepur, submits that in compliance of the order passed by this Court, petitioner has joined the investigation and she is no more required for the purpose of any further investigation."

5. The third one is CRM-M-40231-2014, titled as Amarjit Singh v. State of Punjab, decided on 19.12.2014 wherein this Court found as under :-

"4. During the course of preliminary hearing, the following order was passed by this Court on November 25, 2014 :-

"Learned counsel, inter alia, contended that the petitioner, who is about 70 years of age, has been falsely implicated in this case by the police being the owner of the premises in question. The argument is that even as per the allegations contained in the FIR, no offence punishable under Section 5 of The Immoral Traffic (Prevention) Act, 1956 is made out against the petitioner, whereas offences punishable under Sections 3 & 4 are bailable.

Heard.

Notice of motion be issued to the respondent, returnable for 19.12.2014.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction."

6. The fourth one is CRM-M-6388-2015, titled as Hashmat Ali @ Sonu v. State of Punjab, decided on 27.04.2015, wherein this Court found as under :-

"2. While issuing notice of motion on February 26, 2015, petitioner was directed to join the investigation, while admitting him to interim bail subject to the conditions as envisaged under Section 438(2) Cr.P.C.

3. The learned counsel for the petitioner contends that petitioner has joined the investigation in terms of order passed by this Court on February 26, 2015."

7. The fifth one is CRM-M-4394-2015, titled as Balwinder Kaur @ Pinki @ Balwindro v. State of Punjab, decided on 21.05.2015, wherein this Court found as under :-

"2. At the time of issuance of notice of motion, following order was passed by a coordinate Bench of this Court on February 10, 2015 :-

"Petitioner seeks concession of pre-arrest bail in a case registered on the basis of se









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