FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO 1837 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Somnath S/o Mallikarjun Birajdar .. Applicant Versus The State of Maharashtra & anr. .. Respondents Smt.S.S.Jadhav, Adv. for the applicant. Smt.S.B.Wadmare, APP for respondents. CORAM : A.V.Nirgude, J. DATE : 15.07.2009 The applicant is seeking bail in Crime No. 7/2009 registered with Shirur Anantpal Police Station, Dist. Latur. The applicant is accused of abetting suicide of his wife . The applicant had married his wife about seven years back. It is alleged that, he used to frequently assault her taking doubt about her moral character. The deceased made a complaint about this to her parents and other relatives, but in vain. A fortnight before the incident, the deceased made a frantic call to her parents that she should be taken to their home for she would not tolerate the harassment further. The parents came to take her to their house, but the applicant told that he would send his wife after some days. But, in the mean time, on 16/1/2009, the deceased committed suicide by hanging. The applicant is in custody since 17/1/2009. The investigation is over. The charge-sheet is filed on 17/3/2009. This is not a case where the usual allegation is made about dowry, etc. It seems that, the deceased had married the applicant for quite some time. Their marriage was more than seven years old. There is, therefore, possibility of the applicant's taking the defence that the presumption under Section 113-A of the Evidence Act may not apply. In such a scenario, the applicant deserves bail. Accordingly, the applicant be released on bail on executing personal bond of Rs.10,000/- (Rupees ten thousand only), with one surety in the like amount. The application dispose of. (A.V.Nirgude,J) sjv/cri1837-2009