1 appa1213.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1213 OF 2010 IN CRIMINAL APPEAL NO.766 OF 2010 Deepak Dondiba Deshmukh .. Applicant. Vs. The State of Maharashtra .. Respondents. Ms.Indu Varma for the applicant. Mr.D.P.Adsule APP for the State. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ. DATED : 11TH JULY, 2011. P.C. 1. Heard. 2. The applicant is a life convict on the charge of commiting murder of his wife. The incident was reported to police by P.W.3 and P.W.4 who are sons of owner of the building where the deceased was residing with her husband - applicant. On the information being received police broke opened the door of the house. On opening the door the deceased was found dead. Learned counsel for defence submits that there is no evidence against accused in the case. The case is based on circumstantial evidence. The applicant was arrested from Satara, his native place of residence in connection with crime. The applicant was not present when incident took place. The only evidence which was produced in trial Court as emerging from record S 2 appa1213.10 is that deceased was alcoholic. The C.A. report shows that the analyser found 115 mg and 121 mg of ethyl alcohol in sample of abdomen and liver and found 126 mg of ethyl alcohol in blood sample. 3. The medical officer opined that cause of death was haemorrhage and shock due to blunt abdomen trauma. In cross examination medical officer stated that if the decesaed was alcoholic and if she fell repeatedly and abdomen came in contact with hard and blunt object then injury was possible. 4. Learned counsel for the applicant submits that circumstances brought on record against the applicant do not complete chain so as to reach to only conclusion that the applicant was guilty of commission of crime. 5. Learned APP submitted that silence of the applicant is one of circumstance going against him. In the statement recorded under section 313 of Code of Criminal Procedure the applicant has not made any disclosure in respect of circumstance resulting in death of deceased. Learned counsel submitted that the applicant was last seen together with his wife. The dead body was found in the applicant's home. 6. We have considered evidence of the case. There is no direct evidence. The circumstances brought on record are not clinching enough for rejecting bail application of the applicant. By putting certain conditions the applicant can be released on bail. Application is allowed. The applicant - Deepak Dondiba Deshmukh is directed to be released on bail on his furnishing 3 appa1213.10 personal bond of Rs.10,000/- with one surety in the like amount. The applicant is further directed to attend concerned police station once in three months. The applicant shall furnish residential address and telephone number to police. Any change in residential address and telephone number, if any, should be reported to police. Non compliance of conditions would be ground for cancellation of the bail. (K.U.CHANDIWAL,J.) (NARESH H PATIL,J.)