1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.487 OF 2010 Gajanan Sahebrao Patil. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. U.R.Mankapure for the Applicant. Mr.Y.S.Shinde, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 26th March, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No. 98/2009 registered by Patan Police Station for alleged offences under Sections-302, 498A read with 34 of the I.P.C. Deceased Manjushree is his wife. She married with the applicant on 19.2.2006 and died on 29.8.2009. The post morotem report with C.A. Report indicates that she died due to poisoning and she had consumed or had been given roger. F.I.R. has been lodged by her mother and the 2 same also indicates that immediately before the death of deceased the present applicant and his mother made a demand of sewing machine and the same was provided. But this was immediately followed by demand of Rs.2.00 lacs for digging a well. This demand could not be fulfilled by the deceased. The complaint indicates that her daughter had informed her that she was being ill-treated and threatened to bring home the demanded amount. 2. Post morotem notes indicates an abrasion on the right elbow on the posterior lateral aspect of size 2-cm x 1-cm. Similarly there is minor abrasion on dorsal part size 1-cm. x ½ cm. Both these injuries are antimortem injuries. 3 It is contended that there was no material which could be obtained by the police to indicate the commission of the offence under Section 302 of the I.P.C. Without going into this aspect of the matter I find that this is a case where deceased 3 met with an unnatural end due to poisoning in the house of the applicant. There is no explanation whatsoever coming forward from the husband as to how his wife expired. Even assuming that the deceased committed suicide, prima facie, offence may fall under Section 306 and 304B of the I.P.C. In cases of these nature even lack of plausible explanation has been held by the Apex Court to be a circumstance against accused. In the circumstances, not a fit case for grant of bail and hence, the application is rejected. ( R.S. MOHITE, J.)