1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1617 OF 2009 Shyamalal Kanshiram Lamba .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Senior Counsel i/b Ms.Falguni Brahmbhatt for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 15TH APRIL, 2009. DATED : 15TH APRIL, 2009. DATED : 15TH APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.62 of 2009 of Antop Hill police station. A complaint in the instant case was lodged by one Sunil Kapoor, the brother of the deceased - Meena @ Harsha, for having allegedly committed an offence punishable under section 306 of IPC. 3. A marriage of the applicant and the deceased was 12 years old and the couple was blessed with a child, who is now 11 years old. It appears, and it is also confirmed by the learned A.P.P., that the deceased was undergoing treatment at Sion Hospital, Mumbai, for mental disorder. She also had undergone a surgery. On the date of incident she was not residing with the applicant and she was at her parents’ house at Sion Koliwada. She committed suicide by jumping 2 2 2 from terrace of the building of parental residence on 17.3.2009 at around 1.15 pm. 4. The applicant was directed to report to the concerned police station everyday vide order dated 8.4.2009. This court is informed that the applicant regularly reported to the concerned police station, and has so far co-operted with the investigation. Keeping that in view and considering overall facts and circumstances of the case I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest the applicant be released on bail in the sum of Rs.5,000/- with one or two sureties in the like amount subject to conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure. Further, the applicant is directed to report to the concerned police station every alternate day between 6 pm and 7 pm till 30th April, 2009 and thereafter every alternate Saturday between 6 pm and 7 pm till filing of the charge-sheet. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)