1 CRI.APL NO.58/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 11. APPLN/58/2011 ( SK GAFFAR SK MOHAMMAD [Criminal] V/S THE STATE OF MAH ) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.M.Godsay, Adv., for the applicant. Mr. N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 1-2-2011 1. Heard. Perused the chargesheet. The deceased, wife, committed suicide by hanging. Prosecution alleged that there was persistent demand of Rs.2,00,000/- (Rs. Two lacs) and that the wife was not happy with the accused/applicant spending money for pilgrimage of his parents. 2. Learned Counsel for the accused/applicant has placed certified copy of the sale deed dt. 10.5.2010 to address that Shaikh Mahemood Shaikh Sultan, father of the accused/applicant, has conveyed his agricultural property to one 2 CRI.APL NO.58/2011 Meerabai and from sale proceeds thereof a plot was purchased in the name of accused/applicant Sk.Gaffar for consideration of Rs.80,000/- on 23.7.2010. This, according to the learned Counsel, is to show that there was no emergent need of money to purchase plot faced by the accused/applicant. Primarily, I find substance in the submission. 3. The statement of grand mother Bismillabi to which learned A.P.P. has given reference, indicating skirmish and exchange of words in the couple in the earlier night, dt. 3.11.2010, will not be cumulative to infer that it was a root cause for the deceased to commit suicide. This is more so as, in the statement of Bismillabi, it is informed that, after initial anguish between the couple they pacified their relations. They had their dinner, with smooth conversation, both slept and in the morning, the deceased carried her activities in regular fashion without any demur or reflection, inference of the earlier day events. Primarily, it appears 3 CRI.APL NO.58/2011 that, it was in a fit of agony and for venial reason as accused/applicant has facilitated the pilgrimage of his parents, the victim lost her precious life. At this stage, further custody of the accused/applicant is not desired, as he is in custody from 5.11.2010 while chargesheet is already filed. The witnesses are from relations of the deceased and least chance that they would be influenced. 4. The accused/applicant ( Sk.Gaffar Sk.Mohammad) be released on bail on furnishing P.R.Bond and surety in the sum of Rs.20,000/-. The accused/applicant, after his release shall attend the investigator on every alternate Sunday till completion of trial, he shall not influence the witnesses.Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/58-11crapl