Pankaj @ Mayur Prakash Udawant v. The State Of Maharashtra

(1) ba863.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 BAIL APPLICATION NO.863 OF 2021 PANKAJ @ MAYUR PRAKASH UDAWANT

VERSUS

THE STATE OF MAHARASHTRA Mr. Ambilwade Saisagar A., Advocate for the applicant Mr. S. D. Ghayal, APP for the respondent/State CORAM :

SANDEEP K. SHINDE, J.

DATE :

03-08-2021 P. C.

.

Heard learned counsel for the applicant and learned APP for the respondent/State.

2.

Investigation in Crime No. 528 of 2019 for the offences punishable under Sections 363, 364-A, 342, 120-B, 201 read with Section 34 of the Indian Penal Code and Section 3/25 of the Indian Arms Act is over and the charge-sheet has been filed. Case is committed to the court of Sessions being Sessions Case No. 118 of 2019 pending before the Additional Sessions Judge, Sangamner, Dist. Ahmednagar.

3.

Prosecution case is that a boy of 12 years was kidnapped for ransom. Perused the charge-sheet. Complicity of applicant in commission of crime is evident. Victim (boy) has

(2) ba863.21 identified the applicant in test identification parade. As it appears from the evidence that the applicant joined the accused No. 3 at the place where the boy was detained after kidnapping. Whereafter, applicant, accused No. 3 and victim together wheeled on moped scooter and dropped victim ahead the place where he was detained. It shows applicant has shared conspiracy and acted upon it. In view of evidence on record, gravity of offence which is punishable with life imprisonment, the applicant is not entitled to seek his release on bail.

4.

Be that as it may, applicant is 21 years old person with no criminal antecedents and has been incarcerated since June, 2019. In consideration of the facts of the case and the role attributed to the applicant, the learned Additional Sessions Judge, Sangamner is requested to conclude the sessions trial in Sessions Case No. 118 of 2019, preferably before 31st May, 2022. If the trial is not concluded, the applicant may renew his request for his enlargement on bail. Application is rejected and disposed of in aforesaid terms.

[ SANDEEP K. SHINDE, J. ] VishalK/ba863.21