1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1520 of 2011 Shamsher Ali Mohammed Ali Sayyad .. Applicant -Versus- The State of Maharashtra .. Respondent Mrs. Anjali Awasthi for applicant. Mrs. G.P. Mulekar, APP for State. CORAM: SMT. R.P. SONDURBALDOTA, J. Date : 16th November, 2011. P.C.:- 1 The applicant along with two others is accused in C.R. No.175 of 2011 for the offences punishable under Sections 498-A, 302 read with 34 Indian Penal Code. The co- accused, who are sisters of the applicant have been released on bail by the Sessions Court. But bail to the the applicant has been refused by the Sessions Court on the ground that there was no plausible explanation offered by him for the unnatural death of his wife within a period of 7 years from the date of her marriage. Such death gives rise to presumption under Section 113(A) Evidence Act that if it is a case of suicide, the suicide is abetted by her husband. 2 2. The wife of the applicant died on account of burn injuries received by her in the house. The record shows that at the relevant time she was alone at the house and the door of the house was locked from inside. It had to be broke open. The applicant at that time was present at the hospital attending to his mother. In that circumstance, on the basis of record today, it is difficult to hold prima facie, that the applicant was direct cause of the death of his wife. 3. The first informant is the mother of the deceased, who alleges that the applicant was unhappy with his wife, because she had given birth to two daughters. She also alleges that the applicant and his family members harassed the deceased over the demands for money and further that the applicant had extra marital affair with another woman. Despite the allegations made by the first informant as regards the conduct of the applicant, since, as per the record, at the time of the incident, the applicant was not present at the place of the incident and was at the hospital, in my opinion he can be granted bail. Besides from the record, today, it is difficult to hold that the death of deceased was a homicidal death. The presumption under Section 113-A of the Evidence Act relates to the suicidal death and not to murder. The applicant has filed additional affidavit giving details of his occupation. In the circumstances, the application is allowed. The applicant be released on bail in C.R.No.175 of 2011 registered with 3 Chembur Police Station in a sum of Rs.40,000/- with one surety in the like amount. The applicant shall attend Chembur Police Station once a week for a period of six months. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the 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)