NATIONAL LEGAL RESEARCH DESK
State of Maharashtra & Anr v Mohd. Sajid Husain Mohd. S. Husain etc.
Appeal (crl.) 1402-1409 of 2007 delivered on 10th October 2007. Supreme Court of India.
In this case the victim aged about 14-16 years was being exploited for prostitution and was being taken to various places for this purpose. The accused had been booked herein for commission of an offence punishable under Sections 376(rape), 342(wrongful confinement) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and under Section 5 of the Prevention of Immoral Trafficking Act. The eight accused persons were five police officers, two politicians and one owner of a hotel, who were absconding.
The Supreme Court observed that “Immoral trafficking is now widespread. Victims, who are lured, coerced or threatened for the purpose of bringing them to the trade should be given all protection. .. it is now well-settled principle of law that while granting anticipatory bail, the court must record the reasons therefore.”It also observed that “once a criminal case is set in motion by lodging an information in regard to the commission of the offence in terms of Section 154 Cr. PC, it may not always be held to be imperative that all the accused persons must be named in the First Information Report.”
It also stated that “is a case where no anticipatory bail should have been granted.” And further held that “the High Court ought not to have granted anticipatory bail to the respondents”
It also held that the High Court was not right in granting anticipatory bail to the accused persons on the ground that “prosecutrix was a girl of easy virtue”. Also, it showed dismay over the immoral actions of the police personnel and their absconding act.