1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.4462 OF 2008 (RAMKISHAN RAMRATAN DHOTRE...Vs. STATE OF MAHARASHTRA THR.PSO DHARNI..) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.Jaltare, Advocate for Applicant. Shri S.S.Doifode, A.P.P. for Respondent. CORAM : R.C.CHAVAN, J. DATED : JANUARY 23, 2009. 1. This is an application for bail by husband, whose wife was found to have died due to hemorrhagic shock due to injuries to vital organs i.e. brain and lungs associated with multiple fracture of bone. In the valiant attempt to secure bail to his client the learned counsel for the applicant made following statements : 2. That the victim was of bad character. On the incidental night there was a quarrel between the applicant an the victim. The applicant went out to purchase a cigarette, when he returned he did not find his wife inside the house. Thereafter she jumped into the well. The applicant also jumped into the well to 2 save her. The victim possibly sustained injuries i.e. fracture etc. due to several iron angles fixed in the well for foisting an electrical motor pump. The learned counsel relies on the observations from Modi's Medical Jurisprudence and Toxicology to support his contention that absence of water in the abdomen does not necessarily rule out drowning and this may be a case of 'dry drowning'. He also submits that in case of homicidal death on account of injures inflicted, genitals show purging or contraction and that no such purging or contractions is seen in the post mortem notes. No abnormality was detected in genitals. Without making any comment on these facts, I reject this application, since any comment on these submissions of the learnned counsel may prejudice a fair trial. JUDGE RR.