1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No. 1334 of 2010 in Criminal Appeal No. 317 of 2009 (Somnath Shankar Hase V. The State) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.J.Salgare, holding for Smt. Sadhana S. Jadhav, Advocate for the petitioner Mr. D.R. Korde , A.P.P. for the respondent/State PER COURT : 1. Heard. 2 the applicant / appellant seeks bail pending the disposal of the appeal, which he had filed alongwith other appellants for challenging the Judgment and order passed by the learned Assistant Sessions Judge, Sangamner, in Sessions Case No. 4 of 2007, convicting him for the offence punishable under Sections 306, 498-A, 323 read with Section 34 of the Indian Penal Code. 3. It is the common ground that the deceased had married the applicant in 1985. It is the case of the prosecution that the deceased was harassed, 2 beatenup, abused and insulted by the applicant and his family members. They did not like her, because she did not bring sufficient dowry. Such instance of harassment occurred on or about 24th July, 2006. On that day, at 8.00 a.m., deceased made a phone call to her father – complainant, and told him, that she was severely beaten up by the applicant and others, and that they were demanding money. There are as many as four prosecution witnesses, who vouched for the incident of phone call, the deceased made on 24th July, 2006, and on 25th July, 2006, the dead body of the deceased was found in a well. The post-mortem revealed that though the deceased had died due to drowning, there were as many as four ante mortem simple injuries on her person. The prosecution thus proved that one or two days prior to her death, the deceased was severely beaten up by the applicant and others, and that, laid the deceased to commit suicide. 4. The conviction of the applicant under Section 306 of the Indian Penal Code is rather doubtful, because the prosecution is unable to take advantage of the provisions of Section 113-A of Evidence Act. The deceased did not die within seven years of her marriage. She was married to the applicant for last 22 years. Apparently, therefore, the allegation of abetment of suicide is not tenable. In view of this, the applicant deserves bail. The applicant be released on executing P.R. Bond of Rs.10,000/- (Rupees 3 Ten Thousand) with one surety in the like amount. Pending hearing and disposal of the petition, the substantive sentence of imprisonment awarded by the learned lower Court in Sessions Case No. 4 of 2007 shall stand suspended. 4. The Criminal Application is disposed of accordingly. DT: 07.04.2010 [A.V.NIRGUDE,J.] srm/criapln/1334/10