Suraj Nandu Uttekar and Anr. vs State of… — Murder and Culpable Homicide | Bombay HC (2025)

Suraj Nandu Uttekar and Anr. vs State of… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release of the applicants (Suraj N. Uttekar, Yogesh S. Sawant and Santosh K. Bodake) on bail in C.R. No.335 of 2015, Bharti Vidyapeeth Police Station, Pune, on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions of periodic attendance at the concerned police station (Yogesh Sawant once monthly on 1st Saturday; Santosh Bodake and Suraj Uttekar twice monthly on 1st and 3rd Saturdays, 11.00 a.m. to 2.00 p.m., till conclusion of trial), abstention from committing any other crime, with liberty to the prosecution to seek cancellation of bail on breach.

Issue for consideration

Whether the applicants, who have been in jail for nine years as under-trial prisoners in Crime No.335 of 2015, should be released on regular bail when the trial is not likely to be concluded in the near future.

Court's answer

Considering that the applicants have been in jail for 9 years, the court was inclined to release them on bail; however, considering their criminal antecedents, certain conditions were to be imposed.

Ratio / Principle

Both bail applications are allowed and the applicants are to be released on bail in C.R. No.335 of 2015 on furnishing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.

Key takeaways

Bail is subject to conditions: Yogesh Sawant to attend the concerned police station once a month (1st Saturday) and Santosh Bodake and Suraj Uttekar twice a month (1st and 3rd Saturdays) between 11.00 a.m. to 2.00 p.m. till conclusion of trial; the applicants shall not commit any other crime; and the prosecution has liberty to move for cancellation of bail in case of breach.ratio¶¶33

Detailed headnote1 paragraphs

Bombay High Court (N.R. Borkar, J.), by common order dated 03.02.2025, allowed Bail Applications Nos. 2897 and 3202 of 2024 filed by Suraj N. Uttekar, Yogesh S. Sawant and Santosh K. Bodake, accused in Crime No.335 of 2015 of Bharti Vidyapeeth Police Station, Pune, registered for offences under Sections 120-B, 302, 364A and 201 read with 34 IPC, Section 4 read with 25 Arms Act, Section 37(1) read with 135 Maharashtra Police Act and Sections 3(1)(i), 3(2) & 3(4) of the MCOC Act, 1999. Bail was granted principally on the ground of nine years' incarceration as under-trial prisoners, the trial having commenced but being unlikely to conclude in the near future; the fact of incarceration was not disputed by the State. Release directed on a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, conditioned on periodic police-station attendance (once monthly for Yogesh Sawant; twice monthly for Santosh Bodake and Suraj Uttekar, on 1st and 3rd Saturdays, till conclusion of trial), abstention from further offending, and liberty reserved to the prosecution to seek cancellation of bail on breach, having regard to the applicants' criminal antecedents.

27-ba-2897-24 @ 3202-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2897 OF 2024

Suraj N. Uttekar

Yogesh S. Sawant …Applicants

V/s.

The State of Maharashtra

...Respondent.

WITH

BAIL APPLICATION NO. 3202 OF 2024

Santosh K. Bodake …Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Siddharth N. Sutaria a/w. Mr. Abhijit Aher, Mr. Pushkar Durge and Mr. Rakesh Uttekar i/b Mr. Suyash N. Khose for the Applicants. Mr. T.G. Khan, APP for the Respondent/State.

CORAM : N.R. BORKAR, J. DATE : 03.02.2025.

P.C. :

As both these applications filed for regular bail are arising out of one and same crime, they are being disposed of by this common order.

The applicants in both these applications came to be arrested in Crime No.335 of 2015 registered at Bharti Vidyapeeth Police Station, Pune for the offences punishable under Sections 120-B, 302, 364A and 201 read with 34 of the Indian Penal Code, Section 4 read with 25 of the Arms Act, Section 37(1) read with 135 of the Maharashtra Police Act and Sections 3 (1)(i), 3(2) & 3(4) of the Maharashtra Control of Organized Crime Act,1999 (in short MCOC Act).

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Dinesh S. Sherla

27-ba-2897-24 @ 3202-24.doc

The bail is sought on the ground of long incarceration as under-trial prisoners. The learned counsel for the applicants submits that applicants are in jail for 9 years and the trial is not likely to be concluded in near future.

On the other hand, the Learned APP submits that the trial has commenced and the part of evidence is already recorded. The learned A.P.P. has however, not disputed the fact that applicants are in jail for 9 years.

Considering the fact that the applicants are in jail for 9 years, I am inclined to release them on bail. However, considering their criminal antecedents, certain conditions will have to be imposed. In the result, the following order is passed.

O R D E R

A] The Applications are allowed.

B] The applicants in both applications shall be released on bail in C.R. No.335 of 2015 registered at Bharti Vidyapeeth Police Station, Pune for the offences punishable under Sections 120-B, 302, 364A and 201 read with 34 of the Indian Penal Code, Section 4 read with 25 of the Arms Act, Section 37(1) read with 135 of the Maharashtra Police Act and Sections 3 (1)(i), 3(2) & 3(4) of the MCOC Act, on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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Dinesh S. Sherla

27-ba-2897-24 @ 3202-24.doc

C] The applicants – Yogesh Sawant shall attend the concerned police station once in a month, i.e., on 1^st Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

D] The applicants – Santosh Bodake and Suraj Uttekar shall attend the concerned police station twice in a month ,i.e., on 1^st and 3^rd Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

E] The applicants shall not commit any other crime.

F] Liberty is granted to the prosecution to move an application for cancellation of bail, in case they commit the breach of aforesaid conditions.

[N.R.BORKAR, J.]

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Dinesh S. Sherla