1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 850 of 2010 Satish @ Popat s/o Sopan Malkunje, Age 31 years, Occ. Agriculture, R/o. Hadga, Taluka Nilanga, Dist. Latur Applicant Versus The State of Maharashtra Respondent ... Mr. S.S. Tope, Advocate for the applicant Mr. V.D. Rakh, APP for the respondent / State ... CORAM : A.V. NIRGUDE, J. DATE : 30th March, 2010 PER COURT : 1. Heard. 2. The applicant seeks bail pending the disposal of the Criminal Appeal. The applicant / appellant was charged under Section 498-A and under Section 304 (B) of the Indian Penal Code with other two accused. But, the learned Judge of the lower Court convicted the applicant alone under Section 498-A and under Section 306 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment of five years under Section 306 of the Indian Penal Code and rigorous imprisonment of two years under Section 498-A of the Indian Penal Code. The other two accused were acquitted. The learned Judge of the lower Court held that the offence under Section 304 (B) of Indian Penal Code of dowry death is not proved against the applicant, but the 2 circumstances were sufficient to hold that the applicant abetted the suicide of his wife. Surprisingly, the applicant is in custody since the date of his arrest viz. 1st November, 2007 till date. While he was in custody, the case was conducted. The applicant thus underwent imprisonment for almost a period of 2 ½ years. This, in my view, is a strong circumstance in favour of the applicant to get bail. The applicant deserves bail. 3. The applicant be released on executing P.R. Bond of Rs. 10,000/- (Rupees Ten Thousand) with one surety in the like amount. Pending hearing and disposal of the petition, the substantive sentence of imprisonment awarded by the learned lower Court in Sessions Case No. 9 of 2008 shall stand suspended. 4. The Criminal Application is disposed of accordingly. [ A. V. NIRGUDE, J. ] srm/criapln850.10