..(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.564 OF 2008 IN CRIMINAL APPEAL NO.501 OF 2008 Bharat Sohanlal Jain. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.A.H.H. Ponda, Adv. for the Applicant. Mr.K.V.Saste, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th June, 2008. DATED : 11th June, 2008. DATED : 11th June, 2008. P.C.: 1. Heard the learned Counsel for the applicant-orig.accused and the learned APP for the State. 2. The applicant-orig. accused has been convicted under Section 304(B) IPC and is sentenced to seven years RI. The applicant is now seeking bail. 3. The learned Counsel for the applicant states that the applicant was on bail during the trial and he has not misused the liberty granted to him. This statement has not been controverted ..(2).. by the prosecution. 4. The applicant has been acquitted under Section 498-A of IPC. The learned Sessions Judge has held that there was no cruelty or harassment and, hence the applicant came to be acquitted under Section 498-A of IPC. The applicant was convicted under Section 304(B) of IPC as according to the post-mortem notes the death was unnatural. Only three injuries were found on the body of the deceased i.e. two abrasions on the nose and one abrasion on the back. However, the cause of death is shown as "head injury and unnatural". In the cross-examination the Doctor has admitted that there was no injury on the scalp of the head and there was no injury on the scalp bone. Looking to the evidence of PW-7 Dr.Agrawal, who has been examined by the prosecution, and specially the admissions in Paras-9,10 & 12, it prima facie appears that the death was caused due to natural causes. 5. Looking to the above facts and the evidence on record, I am inclined to grant bail to the ..(3).. applicant. 6. The applicant - Bharat Sohanlal Jain be released on bail in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Dongri Police Station once in a fortnight, till disposal of the appeal. 7. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)