IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 814/2008 Jayprakash Shrivas Ramchandra Shrivas vs. The State of Mah. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 17 th MARCH, 2008. Heard Shri A.M.Rizwy, Advocate, for the applicant and Shri Fulzele, A.P.P.f or respondent. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The accused/applicant is apprehending arrest for the offence under Section 302 of I.P.C. The investigation papers perused. It appears that there are several injuries (about 51) found on the person of the deceased for which there is opinion that these injuries cannot be self inflicted injuries. A statement of witness Shubash shows that the applicant/accused had disclosed to him that deceased had suffered injuries due to fall. The applicant/accused appears to be a military man. It is the contention of the learned counsel for the applicant that there is no evidence to show that he had any quarrel with the wife. From the perusal of the investigation papers, it appears that the applicant made wrong, rather false statement, before the witness regarding the reason for injuries found on the person of the deceased. The post mortem notes recorded by as many as four Medical Officers clearly shows that the death cannot because of self inflicted injuries, or by fall.. There appears no other possibility of somebody committing such incident, at least prima facie. Hence, anticipatory bail cannot be allowed. The same is rejected. It is made clear that the above observations are in prima facie view of the matter and therefore, they will not influence the learned trial Judge while deciding the matter on merits. JUDGE Rvj.