1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3817 OF 2009 WITH CRIMINAL APPLICATION NO. 3818 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram : P.R. Borkar, J. Date : December 15, 2009 1. Heard Smt. S.S.Jadhav, Advocate for applicants and Shri K.M.Suryawanshi A.P.P. for the Respondent. 2. These are the two applications for bail filed by father Laxman Bhawaniprasad Sharma-original accused No. 2 and Kapil Laxman Sharma-original accused No. 1 respectively. Both the accused are found guilty for offences punishable under Sections 498-A read with Section 34 of I.P.C., 304-B read with Section 34 of I.P.C. and 306 read with Section 34 of I.P.C. For offence punishable under Section 498-A read with Section 34 of I.P.C., both the accused are sentenced to undergo 2 rigorous imprisonment for one year and to pay fine of Rs.1000/=. For offence punishable under Section 304 read with Section 34 of I.P.C., they are sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.2000/= each and for offence punishable under Section 306 read with Section 34 of I.P.C. each of them is sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/= each. 3. It is submitted that the two applicants-original accused Nos. 2 and 1 respectively subjected Pradnya-wife of accused No. 1 Kapil and daughter-in- law of accused No. 2 Laxman to cruelty. It is stated that there was demand of money for repayment of hotel loan and for non fulfillment of the demand, there was ill-treatment to Pradnya. 4. Pradnya was found hanging herself in the house. It was also found that accused No. 1 Kapil had sustained injury during the incident that 3 preceded hanging of Pradnya. 5. Smt.S.S.Jadhav, learned Advocate for the applicants, has taken me through copy of the judgment of the trial court. 6. After going through the evidence on record and particularly that of PW-2 Dinesh, PW-3 Shashikant, PW-4 Nagraj and PW-6 Kapoorchand, it appears that there is sufficient material on record to hold the offences to have been proved as against accused No. 1 Kapil, particularly in view of injury on his person coupled with the fact that there was possibility of grudge in his mind because of death of his mother on the date of his engagement. 7. In my opinion the criminal application No.3818 of 2009 filed by accused No.1 Kapil deserves to be dismissed since there is sufficient evidence against him. However, so far as criminal application No.3817 of 2009 filed by accused No.2 Laxman is 4 concerned, the same can be granted and he can be released on bail pending appeal. 8. In the circumstances, criminal application No.3817 of 2009 filed by accused No.2 Laxman-father of accused No.1, is allowed. Pending appeal, execution of sentence awarded to him shall stand suspended on his furnishing bail of Rs.20,000/= with one surety in the like amount. 9. Criminal Application No.3818 filed by accused No.1 Kapil stands dismissed. Appellants are allowed to pray for expeditious hearing of the trial. Record and proceedings be sent to the trial court. 10. Both applicants stand disposed of, accordingly. Date: 15/12/2009 pnd/criap3817.09 (P.R.BORKAR, J.)