1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.690 OF 2010 Sunil S/o.Vitthal Raut APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.A.S.Sawant, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 05/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.57/2009 for an offence u/s. 302, 498-A r/w. 34 of IPC in which the applicant came to be arrested and since then in custody. In that case, after investigation is over, charge sheet was filed on 19/08/2009 and after committal order, the trial is committed to the Court of Additional Sessions Judge, Aurangabad and it is numbered as Sessions Case No.319/2010. 2. Heard learned counsel for applicant followed by the submissions of learned APP appearing for State. Perusal of the papers of investigation discloses that the said offence was registered on the basis of complaint of father of deceased by name Macchindra Vishwanath. It is not under dispute that applicant married with deceased on 2 11/12/2008, and the alleged incident occurred on 30/05/2009. It is not under dispute that the deceased Swati has not get up as usual in the morning. Her father in law took her to the hospital where she found dead. At that time, the husband applicant has already left the residential premises early in the morning. Deceased Swati was found sleeping in the bedroom and it is but natural that only the applicant husband will be in the bedroom during the night period. The post mortem notes shows that there are 2 injuries i.e. Contusion over right breast and so far as the internal injury, the brain was found defused, and that was the cause of death. If the death caused due to head injury, while in the custody of husband applicant, it is the husband applicant to explain how the deceased has sustained that injury. Iit is urged on behalf of applicant during the course of submissions that the deceased might have committed suicide. It is to be noted that at the time of death, deceased was carrying 2 months pregnancy and she had got married about 6 months prior to the incident. Life is not so cheap that, without any reason, somebody may loose her own life within the span of 6 months. As no proper explanation is coming on the part of applicant, as to how the deceased had sustained head injury which resulted in her death, while in the custody of applicant. No case made out to enlarge the applicant on bail, even though the investigation is over and charge sheet is filed. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.690-10