CRLR/701/2024
2024 Latest Caselaw 2275 UK

Uttarakhand High Court

CRLR/701/2024 on 1 October, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                   COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 CRLR 701/2024
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. H.C. Pathak, Advocate, for the revisionists.

Mr. G.S. Sandhu, Additional AG, with Ms. Mamta Joshi, Brief Holder for the State.

(2) By judgment and order dated 17.10.2023, passed by Judicial Magistrate, Khatima, District Udham Singh Nagar, revisionist has been convicted for the offences under Section 3 and 5 of Immoral Traffic (Prevention) Act, 1956 and sentenced him to undergo R.I. for three years and to pay a fine of rupees two thousand for each of the offences. The said judgment and order of the trial court has been upheld vide judgment and order dated 3.9.2024, passed by Additional Sessions Judge, Khatima in Criminal Appeal No. 45 of 2023. These two judgments and orders are under challenge in this revision. (3) As per office report, revision is within time. Admit.

                                 (4)    Trial         Court        Record   be
                                 summoned.
                                 (5)      Heard on the bail application
                                 (IA/1/2024).
                                 (6)       Learned  Counsel    for the

revisionist submits that as per the prosecution story, revisionist was a customer, who visited a brothel house run by co-accused Ms. Vineeta Sheel. He contends that a customer cannot be convicted under Section 3 and 5 of the Immoral Traffic (Prevention) Act in view of the law laid down by various High Courts and also the view taken by coordinate Bench of this Court, vide judgment dated 14.6.2019, passed in Criminal Misc. Application No. 81 of 2014, filed under Section 482 CrPC. (7) Learned State Counsel do not dispute the aforesaid submission. (8) In such view of the matter and without expressing any opinion on the merits of the revision, the Court is of the opinion that revisionist has made out a case for grant of bail. Accordingly, bail application is allowed. Let the revisionist be released from jail on his executing a personal bond and furnishing two sureties, to the satisfaction of the Court concerned.

(9) Realisation of fine shall remain stayed till decision of this revision.

(10)     List in due course.


                   (Manoj Kumar Tiwari, J.)

1.10.2024
Pr