Bombay High Court
Bramadeo Sobran aloes Mahavir YadavversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court suspended the sentence and granted bail on condition of a bond, finding no sufficient ground to deny release.
Summary
The applicant, Bramadeo Sobran Aloes Mahavir Yadav, was convicted under Sections 3 and 4 of the Immoral Traffic (Prevention) Act and sentenced to one year of rigorous imprisonment with a fine. He had already been in custody for three months, in addition to an earlier 20‑day detention, and filed an interim application seeking suspension of the sentence and bail. The State opposed the application, fearing the applicant might abscond if released. The court noted that the sentence was short‑term, the applicant had previously been on bail during trial, and there was no evidence of misuse of liberty. Accordingly, the court suspended the sentence pending the final disposal of the appeal and ordered the applicant to be released on bail upon furnishing a bond of Rs.25,000 with sureties.
Issues considered
- Whether a person convicted under Sections 3 and 4 of the Immoral Traffic (Prevention) Act and sentenced to a short term of imprisonment is eligible for bail and suspension of sentence.
- Whether the risk of absconding justifies denial of bail in such circumstances.
Legislation cited
- Immoral Traffic (Prevention) Act — s. 3, 4
Subjects
- bail
- suspension of sentence
- Immoral Traffic (Prevention) Act
- short term imprisonment
- criminal appellate jurisdiction
Judgment
44-IA-4613-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4613 OF 2025
IN
CRIMINAL REVISION APPLICATION NO.518 OF 2025
Bramadeo Sobran Aloes Mahavir Yadav … Applicant
Versus
Digitally signed
The State of Maharashtra … Respondent
by NILAM
NILAM SANTOSH
SANTOSH KAMBLE ________________________________________________________
KAMBLE Date:
2026.01.09
14:10:23 +0530
Mr.Prabhakar Dave, for the Applicant.
Ms.R.D. Humane, APP for Respondent-State.
Mr.Deepak Hol, PSI, Dr.D.B. Marg Police Station.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th JANUARY, 2026
P.C. :
. This is an application for suspension of sentence and for bail.
2. Heard learned counsel for the Applicant and the learned
Additional Public Prosecutor.
3. The Applicant has been convicted for the offence punishable
under Sections 3 and 4 of The Immoral Traffic (Prevention) Act
(‘PITA Act’ for short). The maximum sentence imposed on the
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N.S.Kamble
Applicant is of one year rigorous imprisonment with fine of Rs.1,000/-
each in default to suffer simple imprisonment of 15 days. The learned
counsel for the Applicant submits that the Applicant is behind bar for
three months, earlier he was behind bar for 20 day’s hence requested to
allow the Application.
4. The learned APP and learned counsel for Respondent No.2
strongly objected to allow the Application on the ground that if the
Applicant released on bail, he may abscond. Hence, requested to reject
the Application.
5. Considering the submission of both learned counsel as well
as sentence imposed on the Applicant is short term sentence. During
trial Applicant was on bail. He has not misused liberty. Considering
these facts, the sentence is suspended till final disposal of the Appeal.
6. The Application is disposed of in the following terms.
ORDER
(i) The Applicant-Bramadeo Sobran Aloes Mahavir
Yadav, be enlarged on bail in Crime No.54 of 2009
registered with D.B. Marg Police Station, on furnishing PR
bond of Rs.25,000/- with one or two sureties in the like
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44-IA-4613-2025.doc
N.S.Kamble
amount.
(ii) The bail bonds to be furnished before the learned
Additional Sessions Judge.
(iii) The Criminal Application is disposed of.
(SHIVKUMAR DIGE, J.)
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