1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.738 of 2009 In Criminal Appeal No.234 of 2008 Sandeep Nimba Wagh Applicant Vs. State of Maharashtra Respondent Mr.Shirish Gupte, Senior Counsel with Mr.S.B.Shetye for applicant. Mrs.M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. September 30, 2009. P.C. 1. Heard Mr.Gupte, the learned Senior Counsel with Mr.Shetye for the applicant – accused no.1. This is an application for bail during the pendency of Criminal Appeal No. 234 of 2008. 2. In Sessions Case No.151 of 2005 the applicant along with his parents, elder brother and his wife were put on trial on the charge of causing unnatural death of his wife Jayashree on 2nd June 2003. They were charged for the offences punishable 2 under Section 498-A read with Section 34, Section 302 read with Section 34, Section 304-B read with Section 34 and Section 201 read with Section 34 of IPC. Accused nos.3 and 5 i.e. the applicant’s brother and his wife have been acquitted. The applicant has been convicted for the offences punishable under Sections 302, 498-A read with Section 34 and Section 201 read with Section 34 of IPC. Accused nos.2 and 4 i.e. the parents of the applicant have been released on bail during the pendency of the appeal filed by them separately. 3. It was submitted by Mr.Gupte, the learned Senior Counsel that there was sufficient evidence on record to support the case of the defence that Jayashree had committed suicide by hanging and the case of the prosecution solely based on the circumstantial evidence did not, prima facie, support the case of homicidal death of Jayashree. 4. We have considered the arguments advanced before us and perused the depositions of PW 17 – Dr.Deshmukh. The post mortem report sets out a number of external injuries on the elbow, finger tips and other limbs of the body and also dislocation in between C-2 and C-3 with fracture of transverse 3 process of C-3 i.e. survical vertebra no.3. 5. We are, therefore, satisfied that no case has been made out to release the applicant on bail during the pendency of the appeal. Hence the application is rejected. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)