1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5087 OF 2009 Ajay Ramchandra Karotia .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Sandeep Pasbola i/b Mr. Rahul Arote for the applicant. Mrs. M.R. Tidke, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 1ST FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No. I-139 of 2009 dated 16th February 2009 registered at Wagle Estate Police Station, District Thane against the applicant for an alleged offence punishable 2 under sections 498-A and 302 of the I.P.C.. 3. According to the prosecution, the applicant burnt his wife alive on 14th February 2009 between 12.30 p.m. and 1.30 p.m. Two neighbours are eye witnesses. They have stated that no shouts were heard of the deceased while she was being burnt. The witnesses stated that this shows that probably the deceased was killed first and then she was burnt. Post morten report is to the contrary. It does not show burn injury to be post mortem but the cause of death is shock due to burns. The prosecution case is also not that the deceased was first killed and then burnt. Prima facie, the evidence of the two neighbours may not be of much assistance to the prosecution. 4. Taking into consideration the fact that there is no eye witness and there is no direct evidence about the complicity of the applicant in the offence of murder and also taking into 3 consideration that the applicant is in custody nearly for a year, i.e. since 16th February 2009, and the fact that the trial is not likely to commence in near future, in my view, the applicant can be granted conditional bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.20,000/- with two sureties in the like amount subject to a condition that the applicant shall not threaten any of the prosecution witnesses and shall report his attendance to the concerned police station between 1st and 5th day of every British calendar month. (D.G. KARNIK, J.)