1 Cri.Appln No. 734/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 734 OF 2010 IN CRIMINAL APPEAL NO. 188 OF 2010 Shri Lalit Nivrutti Kale ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P. Mundergi, Sr.Counsel i/b. Mr.S.K. Shinde for the Applicant. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 13, 2010 P.C. :- 1 This is a second application for bail. First application for bail was not pressed. The applicant has been convicted for the offence punishable under Section 498A, 306 of the IPC and sentenced to suffer RI for three years and 7 years 2 Cri.Appln No. 734/2010 respectively. The appeal against the said order of conviction is admitted. 2 Shri Mundergi, learned Senior Counsel appearing on behalf of the applicant submitted that the only allegation against the present applicant who is brother-in-law of the deceased is that the applicant along with the sisters-in-law of the deceased used to harass the deceased. The learned Senior Counsel invited my attention to the statements of witnesses examined by the prosecution and submitted that except this stray allegation against the applicant, no particulars of harassment by the applicant have been mentioned. None of the other witnesses have alleged that the applicant was responsible for or had abetted the suicide of the deceased. 3 I have perused the judgment and order of the trial court and also the statements of witnesses 3 Cri.Appln No. 734/2010 recorded and the evidence of the witnesses. The complainant Bhaskar Thombare in his examination-in- chief made a statement that the present applicant along with the sisters-in-law had started ill- treating her. A similar statement is made by the mother of the deceased. It has come in evidence that the deceased committed suicide after there was quarrel between the husband and wife and thereafter, she left house at 3 p.m. and her dead body was found in the well. Taking into consideration the evidence which has come on record, prima facie there is no concrete material to indicate that the present applicant was directly responsible for abetting the suicide of the deceased. The appeal is not likely to come up for hearing for quite sometime. Hence, the applicant deserves to be released on bail. 4 The applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. The 4 Cri.Appln No. 734/2010 applicant, however, shall report to the concerned police station once in a month. 5 Application is disposed of. (V.M. KANADE, J.)