* 1 * BA-1899-2011 16 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1899 OF 2011 Kalita Prawal Pratim .... Applicant : V/S. : The State of Maharshtra .... Respondent * * * * Mr. J.S. Kini i/by. Mr. Suresh Dubey, Advocate for the applicant. Mr. S.A. Shaikh, Advocate for the respondent-State. * * * * CORAM :- SMT. R.P. SONDURBALDOTA, J. 16 DECEMBER, 2011. P.C. :- 1. The applicant herein is the accused in C.R. No. 464 of 2011 for the offence punishable under Section 306 Indian Penal Code registered with Oshiwara Police Station. The application is opposed by the prosecution, as well as, the first informant who is appearing through the Public Prosecutor. 2. The brief case of the prosecution is that, the applicant and deceased, Poonam were working in the same office. Though the applicant is a married person, he was having an affair with Poonam. On 20th October, 2011 Poonam was admitted to Hiranandani Hospital. At that time, the applicant was with * 2 * BA-1899-2011 16 Dec, 2011 her. Thereafter, he took discharge of Poonam against the medical advice. The statements of the witnesses shows that before taking discharge, the deceased had consulted the applicant and for that purpose called him to the hospital. After taking discharge from the hospital, the deceased was taken to the house of her friend, witness-Munira. She died at the residence of Munira on the next morning. The post-mortem report shows that she died due to pulmonary odema’ and hemorrhage. The complaint came to be filed on 2 ‘ nd November, 2011 i.e. the day on which the applicant’s application for anticipatory bail was rejected. On the same day, the applicant came to be arrested in the complaint filed. He has been in custody since then, his application for bail having been rejected by the Sessions Court. 3. It is contended on behalf of the applicant, that the police have not yet ascertained about the cause of death of Poonam, whether the death was natural or unnatural. He submits that if it is eventually found out that the death of Poonam was natural, the applicant would be unnecessarily incarcerated in jail. Mr. Shaikh, the learned APP, submits that the investigation is still in progress and the police are now in the process of recording statements of further witnesses including the servant of the deceased who is alleged to have been told to not to come to work by the applicant on the particular day. The material brought on record during * 3 * BA-1899-2011 16 Dec, 2011 investigation, so far prima-facie indicates that the applicant and deceased, Poonam were having an affair with each other and apparently the applicant a married man had refused to marry Poonam after divorcing his wife. Thereafter, apparently Poonam had some medical problem and came to be admitted to Hiranandani Hospital. Apparently at the hospital before the ailment could be diagnosed, she took discharge and chose to return to the house in consultation with the applicant. On these facts alone, at this stage of the proceedings, it would be difficult to hold that Poonam committed suicide and the applicant had abetted her act of suicide. The applicant has been in custody for sufficiently long time. His further detention in the custody is not going to help the Investigating Officer any further. Since the prosecution apprehends availability of the applicant during the course of investigation and also at the time of trial, the necessary directions are required to be given to the applicant for the purpose. Hence, the applicant be released on bail in C.R. No. 464 of 2011 dated 2nd November, 2011 in the sum of Rs.45,000/- (Rs. Forty Five Thousand only) with one solvent surety in the like amount. The applicant shall attend Oshiwara Police Station every week on every Saturday between 11.00 a.m. to 3.00 p.m. The applicant shall surrender his passport to the police. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the * 4 * BA-1899-2011 16 Dec, 2011 facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]