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2026 DAILYLAW 19714 (BOM)

SHRIKANT JANARDAN GARJE v. STATE OF MAHARASHTRA

ABA/1491/2024 · 2026-10-14

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Judgment text

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1/4 25-ABA-1491-2024 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1491 OF 2024 Shrikant Janardan Garje …...Applicant VERSUS. State Of Maharashtra …...Respondent ----- None for Applicant. Mr. S. H. Yadav, A.P.P., for the Respondent-State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 14th OCTOBER, 2026. P.C. 1. When this Application was called out, the names of the Applicant (Shrikant Janardan Garje) and the Advocate for the Applicant on record (Mr. Zoheb Shaikh) were called out by the Court Sheristedar. However, none appeared either in person or through V.C. mode. 2. The present Anticipatory Bail Application has been pending since 2024. Instead of dismissing this Application for non-prosecution/default, I deem it appropriate to consider it on the available record, with the assistance of Mr. S. H. Yadav, learned A.P.P. for the Respondent–State. Accordingly, the Application is taken up for final disposal. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.10.15 17:18:55 +0530 2/4 25-ABA-1491-2024 (CR).DOC 3. On 31st May 2024, the following order was passed: “1. Issue notice to Respondent, returnable on 14th June, 2024. 2. Leaned APP waives notice for Respondent/State. 3. In the present case the offence came to be registered at Rajarampuri Police Station, Kolhapur for the offences punishable under Section 370 of the Indian Penal Code, 1860 and Sections 3, 4, 5, 6 & 7 of the Prevention of Immoral Traffic Act, 1956. In the FIR the name of the present Applicant is not mentioned. It is the allegation that in the premises belonging to this Applicant some other persons were found carrying out the illegal activities. The Applicant fairly accept that the business is run in his name. However, he resides at Thane, Mumbai. The person who was found involved in the activities was a manager appointed by him. The ladies which were found have not stated that they were exploited by the present Applicant. He submitted that in view of Section 370 of Indian Penal Code what is the material is that there has to be an exploitation at the hands of the person against whom the allegations are levelled. He further submits that from the statement recorded in the FIR shows that there is nothing showing any role of the present Applicant. It is also not a complaint of the Police that the ladies found were exploited by anyone. The name of the applicant transpited only during the course of investigation as owner of the premises. This Court is prima facie satisfied that case is made out to grant interim protection. Hence the following order. ORDER (a) Till the next date of hearing, in the event of arrest of the Applicant in connection with FIR No.238 of 2024, registered with Rajarampuri Police Station, Kolhapur for the offences punishable under Section 370 of the Indian Penal Code, 1860, and Sections 3, 4, 5, 6 & 7 of the Prevention of Immoral Traffic Act, 1956, Applicant shall be Shantanu S. Dhudum 3/4 25-ABA-1491-2024 (CR).DOC released on bail on furnishing P.R. Bond and solvent surety in the sum of Rs.15,000/-. (b) The Applicant shall not try to influence the investigation and co-operate with the investigating officer. The Applicant not to tamper with evidence and not to try to pressurize any of the witnesses. (c) The Applicant shall attend the concerned Police Station on 2nd & 9th June, 2024 between 10.30 a.m. to 12.30 p.m. for the purpose of interrogation. (d) The Applicant shall keep informed to concerned Police Station about his residential address, mobile number etc., and other contact details.” 4. Mr. S. H. Yadav, learned A.P.P. for the Respondent–State, submits that the Applicant appeared before the Investigating Officer. He further submits that upon completion of the investigation in Crime No. 238 of 2024, the charge-sheet was filed and the case is now registered as R.C.C. No. 236 of 2025 and pending before the Trial Court. 5. In view of the submissions made by Mr. S. H. Yadav, learned A.P.P. for the Respondent–State and in the interest of justice, the fact that the Applicant was granted interim protection on 31st May, 2024, which remains in force as on date, without any allegation of breach of the bail conditions by the Applicant, notwithstanding the absence of the Applicant’s Advocate, this Application is allowed by confirming the Order dated 31st May, 2024 and making it absolute in terms of paragraphs 3(a), (b) and (d) thereof. Shantanu S. Dhudum 4/4 25-ABA-1491-2024 (CR).DOC 6. It was with the fair assistance rendered by Mr. S. H. Yadav, learned A.P.P. for the Respondent–State, that this Criminal Anticipatory Bail Application No.1491 of 2024, which has been pending since 2024, is disposed of today. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum