1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2875 OF 2008 Sushant Ramchandra @ Dhondiba Arkile .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Jaydeep D.Mane for the applicant. Mr.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 6TH OCTOBER, 2008. DATED : 6TH OCTOBER, 2008. DATED : 6TH OCTOBER, 2008. P.C.: . Heard Mr.Mane, learned counsel for the applicant and Mr.Shinde, learned A.P.P. for the State. 2. This application is filed for being released on bail in C.R.No.90 of 2008 registered with the Karmala police station for allegedly committing an offence under section 306 read with 34 of IPC. 3. The applicant alongwith five others are charged for the said offence. It appears that the present applicant was charged, tried and convicted for the offence under section 376 of IPC in 1999. The deceased - Gangubai was the complainant in the said case. After the applicant sufferred sentence of three 2 2 2 years in that case, he allgedly started harassing the deceased for making false complaint against him. It further appears that some complaint was lodged by Gangubai against the applicant and six others which they had decided to settle. However, before that happended she committed suicide and hence the applicant and others are charged for offence under section 306 read with 34 of IPC. 4. I perused the complaint which is lodged by the daughter of the deceased. I have also perused the dying declarations. 5. Mr.Mane, learned counsel for the applicant vehemently submitted that on mere reading of two dying declarations it is clear that the applicant is not responsible for the suicide committed by Gangubai, and/or the provisions of section 306 are not attracted in the present case. I would not like to express any opinion on the submissions advanced by the learned counsel for the applicant, at this stage of proceeding. However, on perusal of the dying declarations it is clear that the deceased committed suicide in a fit of rage and she is not holding the applicant responsible for committing the suicide. In the circumstances this is fit case to enlarge the applicant on bail. Hence I pass the following order: 3 3 3 . The applicant be released on bail in the sum of Rs.25,000/- with one or two sureties in the like amount subject to the following conditions: that the applicant shall report to the concerned police station on every second and fourth Saturday between 10.00 a.m. and 11.00 a.m. till disposal of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the trial without being influenced by the observations made in this order. The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)