jpc aba561-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 561 OF 2011 Shivaji Jagannath Shinde ... Applicant Versus The State of Maharashtra ... Respondent Mrs. Divakar R.Singh, for the applicant Mrs. G. P.Mulekar, APP for the State. CORAM:- A.M. THIPSAY, J. DATED :- 1st July, 2011. P.C. : 1. By consent, taken up for final hearing. 2. Heard Mr. Divakar Singh, the leaned advocate for the applicant and Mrs. Mulekar, the learned APP for the State. 3. On 29/5/2011 Smt. Surekha, wife of the applicant's brother caught fire and was taken to Rajawadi Hospital. She succumbed to the burn injuries on 31st May, 2011. Two statements of Surekha were recorded before her death:- one by the Special Executive Magistrate and other by the Police. In both these statements, she stated that she had secured poor marks in her examinations and, therefore, feeling frustrated, she had decided to put an end to her life. 4. On 13th June, 2011, the father of Surekha lodged a report with the police, stating that she was being treated with cruelty by her jpc aba561-11.sxw 2 husband and his relatives- including the applicant; and that Surekha committed suicide because of the cruel treatment given to her. The applicant is not sought to be arrested on the allegation of having committed the offences punishable under Section 498-A and 306 of the Indian Penal Code. 5. The first informant stated in the F.I.R that Surekha had told him that she had set herself on fire because of the cruel treatment meted out to her by her husband and nephew. Since Suekha died on 31/5/2011, such statement, if any made by Surekha to her father- the first informant, must have been made on or before 31st May, 2011. It is not made clear why her father did not report the matter to the police till 13/6/2011. 6. Considering the material, on the basis of which the allegations are levelled against the applicant, I am inclined to grant anticipatory bail to the applicant. 7. In the event of arrest, the applicant is ordered to be released on bail in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in like amount, on the condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the I.O. (A.M. THIPSAY, J.)