(N.V. Ramana and S. Abdul Nazeer, JJ.)
Guria Swayam Sevi Sansthan ________________________ Appellant;
v.
Afjal and Another ________________________________ Respondent.
Criminal Appeal No. 278 of 2018 [Arising out of Special Leave Petition (Criminal) No. 3538 of 2017], decided on February 16, 2018
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties.
2. Leave granted.
3. This appeal by special leave is directed against the order dated 14.12.2016 passed by the High Court of Judicature at Allahabad in Bail Application in Criminal Appeal No. 5583 of 2016, wherein the Respondent No. 1 who had been convicted in S.T. No. 161 of 2006 for serious offences under the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ‘the Act’) has been enlarged on bail.
4. The respondent No. 1, by judgment dated 17.10.2016 has been convicted and sentenced for two years rigorous imprisonment with fine of Rs. 1000/- under Section 3 of the Act, 7 years rigorous imprisonment with fine of Rs. 2,000/- under Section 4 of the Act, 10 years rigorous imprisonment with fine of Rs. 5,000/- under Section 5 of the Act, 10 years rigorous imprisonment with fine of Rs. 5000/- under Section 6 of the Act and 10 years rigorous imprisonment with fine of Rs. 5,000/- under Section 9 of the Act.
5. While admitting the appeal, the High Court has granted bail to the respondent No. 1 herein.
6. Learned counsel appearing for the appellant submitted that the respondent No. 1 has been involved in number of cases and the FIRs have been registered in all the cases. It is the case that the minor girls were being brought on false pretexts and inducements, and forced into prostitution. In case any girl would refuse, she would be beaten up mercilessly and subjected to various forms of physical and mental torture. Based on such information, a rescue operation was conducted on 25.10.2005, during which 31 minor girls were recovered from three brothels owned and run by respondent No. 1 in association with her husband (now deceased). On 13.11.2005, in another rescue operation, 7 minor girls were recovered from three different brothels, including one which was the house owned by respondent No. 1 and her husband. She was arrested on the same day when the raid was conducted. Respondent No. 1 was granted bail on 6.1.2006. She stayed in the jail only for two months approximately whereas, subsequently, she was arrested in another FIR.
7. However, we are concerned with the present case only, where she has undergone only two months imprisonment.
8. Taking into consideration the narration of the events and the material placed before us, it is not appropriate to grant the liberty of bail to the respondent No. 1. However, we are not inclined to make any comments on the merits of the case because the appeal is still pending.
9. Considering all the facts, we allow this appeal and cancel the bail granted to the respondent No. 1 and direct her to surrender forthwith before the concerned Court.
10. It is stated that the High Court has directed the Registry to list her appeal for hearing on 14.12.2016. In view of that, we request the High Court to dispose of the appeal as expeditiously as possible, preferably within a period of six months from the date of receipt of copy of this order.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3538/2017
Guria Swayam Sevi Sansthan ________________________ Petitioner
v.
AFJAL & Anr _________________________________ Respondent(s)
(and IA No. 121688/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No. 121692/2017-EXEMPTION FROM FILING O.T.)
Date: 16-02-2018 This petition was called on for hearing today.
(Before N.V. Ramana and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Gaurav Agarwal, Adv.
Mr. Anuj Kapoor, Adv.
Ms. Sridevi Panikkar, AOR
For Respondent(s)
Mr. Adarsh Upadhyay, Adv.
Mr. Anurag Kishore, Adv.
in place of
Mr. Anuvrat Sharma, AOR
Mr. P. K. Jain, AOR
UPON hearing the counsel the Court made the following
ORDER
11. Leave granted.
12. Considering all the facts, we allow this appeal and cancel the bail granted to the respondent No. 1 and direct her to surrender forthwith before the concerned Court.
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