Bombay High Court
Uday Guharam Banjare @ Uday Katkar ... vs The State Of Maharashtra on 16 February, 2023
Bench: Nitin W. Sambre, R. N. Laddha
35 IA-2329-22.doc
BDP-SPS-
BHARAT
DASHARATH
PANDIT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BHARAT
DASHARATH
CRIMINAL APPELLATE JURISDICTION
PANDIT
Date:
2023.02.17
13:49:05 +0530
INTERIM APPLICATION NO. 2329 OF 2022
IN
CRIMINAL APPEAL NO.820 OF 2018
1] Uday Guharam Banjare @ Uday Katkar
2] Sou. Puja Uday Banjare .... Applicants.
V/s
The State of Maharashtra .... Respondent.
Mr. Aniket Vagal a/w Mr. Kunal Pednekar, Mr. Divesh Mehani for the
Applicants.
Mr. A.R. Kapadnis, APP for the Respondent/State.
CORAM: NITIN W. SAMBRE &
R. N. LADDHA, JJ.
DATE: FEBRUARY 16, 2023
P.C.:-
1] Heard.
2] Applicants have moved present Application under sub-section
(1) of Section 389 of the Criminal Procedure Code, seeking bail as
they were convicted in Sessions Case No.391 of 2014 vide judgment
and order dated 19/05/2017 delivered by the Additional Sessions
Judge, Pune.
3] The case of the prosecution is, Applicant No.1 alongwith his wife
i.e. Applicant No.2 kidnapped the victim, a minor girl and under the
1/3
35 IA-2329-22.doc
threat of causing injuries/death, demanded ransom.
4] Applicants in the aforesaid offence came to be arrested on
27/02/2014.
5] By the judgment referred to above, Applicants are sentenced to
suffer sentence for life imprisonment for the offence punishable under
Section 364-A read with Section 34 of the IPC.
6] The co-accused i.e. wife of the Applicant No.1, who is Applicant
No.2 in the present Application is already directed to be released by
this Court vide order dated 26 th August, 2022 passed in Criminal
Interim Application No.2159 of 2022 in this very appeal. Fact remains
that Applicant No.1 has almost undergone 8 years of sentence. Fact
remains that though threats were issued, Applicant No.1 appears to
have not caused any injury to the victim, though he appears to have
increased his demand for ransom from time to time.
7] In our opinion, Applicant No.1 also deserves to be released on
bail on the following terms and conditions:
ORDER
(i) Applicant No.1 be released on bail on furnishing P. R. Bond
in the sum of Rs 10,000/- with one or two local sureties in the
like amount. However, Applicant No.1 shall not be released
35 IA-2329-22.doc
unless fine amount is diposited.
(ii) Applicant No.1 shall report to the Trial Court, once in three
months on the day/date specified by the Trial Court, till his
appeal is finally disposed of;
(iii) Applicant No.1 shall keep the Trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
(iv) If there are two consecutive defaults in appearing before
the Trial Court, the learned Judge shall make a report to the
High Court and the prosecution would be at liberty to file an
application seeking cancellation of bail.
8] Application is disposed of accordingly.
9] All concerned to act on the authenticated copy of this order.
[ R. N. LADDHA, J. ] [ NITIN W. SAMBRE, J. ]
