1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.850 OF 2010 Deepak Vitthal Satpute )..Applicant Vs. The State of Maharashtra & Anr. )..Respondents ---- Mr. R.D. Soni i/by M/s. Ram & Co. for the applicant. Smt. M. H. Mhatre APP for the State. Mr.Sachin Thombare with Mr.Sachin Pawar for the original complainant. ---- Coram : R.S.MOHITE,J Date : 20th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is an accused in C.R.No.469 of 2009 registered by the Sangvi police station for alleged offences 498-A, 302 read with 34 of IPC. The deceased is one Smita who was the wife of the present applicant. The incident in question took place on 12.10.2009 at about 9.00 P.M and it is the case of the prosecution that the present applicant strangulated his wife with petty-coat string and killed her. The complaint was immediately filed by the mother of the deceased on 13.10.2009. It is the case of the applicant that he came home at about 9.P.M found his wife unconscious condition and immediately took her to the hospital at about 9.30 P.M and the Doctor examined her and at about 9.40 P.M found that his wife was dead. It is his case that her wife was killed by some other person or motive might have been theft or suicide. Learned Counsel has taken me through a statement made by him in the application that early in the morning of the fateful day, he was leaving for Bombay for a business meeting. 2 It is his case that he collected his four years old child from her parents’ house and when he was returning to his house, he found that his wife was unconscious. More important factor is that there is a statement of the watchman who had stated about not only regular quarrels between husband and wife but he saw them come back together at about 7.30 P.M. This statement is inconsistent with the plea of alibi sought to be taken by the applicant. There is material to indicate that the couple was not getting well. The maid has stated that they had a quarrel on the very morning of the day of the incident. A divorce petition has also filed between the parties and it ultimately dismissed for default. I have seen the allegation made in the divorce petition and the allegations are very serious in nature. Taking into account all these facts, plea of alibi cannot be considered at this stage. Not a fit case for grant of bail. Hence, application is rejected. Since the question of a welfare of a child aged 4 years is involved, the hearing of the trial is expedited. (R.S.MOHITE,J) 3