AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1014 OF 2009 IN CRIMINAL APPEAL NO.898 OF 2009 Uttam Krushna Bajbalkar & Ors. ... Applicants Vs. The State of Maharashtra. ... Respondent Mr. P.R. Arjunwadkar for the applicants. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 11TH FEBRUARY, 2010. P.C.:- 1. The applicants were tried along with two others in Sessions Case No.74 of 2008 in the Court of Sessions Judge I, Pandharpur for offences punishable under Sections 498(A) and 302 read with Section 34 of the Indian Penal Code (for short, “the IPC”) for subjecting the deceased Sanju, the wife of accused 1 Tanaji Bajbalkar to AJN 2 ill-treatment and cruelty and also for committing her murder on 14/5/2008 at about 4.00 to 5.00 p.m. near Village Tippehalli, Taluka Sangola, District Solapur, in furtherance of their common intention by assaulting her with sticks, etc. and by lifting her and banging her on the big rocky stone. 2. The applicants are original accused 3 and 4. They are relatives of deceased - Sanju Tanaji Bajbalkar. Original accused 1 is the husband of deceased Sanju. 3. We have heard Mr. Arjunwadkar, learned counsel for the applicants and Ms. Kantharia, learned A.P.P. for the State. 4. The incident in question took place on 14/5/2008. The FIR came to be lodged on 16/5/2008 by brother of the deceased PW-4 Dattatray. Our attention is drawn to the evidence of PW-17 Prakash Titwadkar who was attached to Miraj City Police Station as Police Head Constable on AJN 3 14/5/2008. According to him on that day, PSO Miraj City Police Station issued orders to him that he should go to Mission Hospital, Miraj to record statement of Sanjubai. He has produced the said order. It is Ex-49. It states that from Miraj Mission Hospital, a message was received on telephone that one Sanju i.e. the deceased was bitten up with sticks on her head by her husband and this information was given by the brother of the deceased. Thus, it is significant to note that in this information the names of the present applicants are absent. It is also pertinent to note that on 16/5/2008, API Thitte was informed by PSO, Miraj City Police Station that the deceased was bitten up by her husband i.e. accused 1 and, therefore, she was admitted in the hospital by her brother and that as she was being treated, she succumbed to the injuries. This report is on record. In this report also, the names of the present applicants are absent. 5. The FIR was not immediately lodged. It was lodged AJN 4 two days after the incident. Undoubtedly, in the FIR the names of the present applicants are mentioned and the roles assigned to them is of giving fist and kick blows to the deceased. We have been taken through the postmortem notes. The postmortem notes indicate that there was a head injury on the deceased and the cause of death is stated to be head injuries. However, prima facie, we are of the opinion that the injuries received by the deceased are not consistent with fist and kick blows. Therefore, though the prosecution witnesses have stated that the applicants gave fist and kick blows to the deceased, prima facie that story does not inspire confidence. Major role appears to have been played by accused 1. In the circumstances, in our opinion, the applicants should be released on bail. Hence, the following order : 6. The applicants – Uttam Krushna Bajbalkar and Sou. Mandabai Uttam Bajbalkar, original accused 3 and 4 respectively are ordered to be released on bail in the sum AJN 5 of Rs.30,000/- each and one or two sureties each to make up the amount. Application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]