1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4952 OF 2009 Sachin Babulal Suryavanshi : Applicant versus The State of Maharashtra : Respondent. Mr.Shirish Gupte, Sr.Counsel i/by Mrs.R R Dhuru for the Applicant Mr.J P Khorge for the Respondent-State. Ms.Tuna V Bharati – Original Complainant present in person CORAM : V. M. KANADE, J. DATE : 8th December 2009 P.C. 1. Heard the learned counsel for the Applicant/Accused and the learned AGP for the Respondent-State. 2. The Applicant/Accused has been arrested in connection with the offence punishable under Section 498A, 302, 304(B) r/w 34 of the Indian Penal Code. The case of the prosecution is that the Applicant used to demand money from his deceased wife and on the date of the incident at about 8.30 in the morning a lady servant who was working in the house of the applicant noticed that there was some quarrel between the Applicant and his wife and after some time the said quarrel was 2 stopped and the Applicant was hurridely came in the kitchen and asked her to go at once. While going away, the said lady servant was noticed that the deceased was lying on the bed and there was no moment. Both the hands of the deceased were on the backside and behind her head. She, therefore, went out and informed the Applicant’s sister about the incident. The sister of the Applicant was asked her to go. Later on the Applicant took the deceased to the hospital where she was declared dead. The Post Mortem Notes indicate that the death was due to Asphyxia as due to strangulation. 3. In my opinion, there is sufficient material on record to indicate prima-facie involvement of the Applicant. Under Section 304B of the Indian Penal Code, a presumption is raised which will have to be rebutted by the Applicant. In my view, this is not a fit case to grant bail. The Criminal Application is, accordingly, dismissed. However, the trial is expedited. [V M KANADE, J]