1 Cri. A. No. 856.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 856 OF 2010 IN CRIMINAL APPEAL NO. 90 OF 2010 Sandeep S/o Shivaji Gaware ... Applicant V E R S U S State of Maharashtra ... Respondent ... Mr.V.R.Dhorde,Advocate for Applicant Mr.D.R.Rakh,A.P.P. for respondent-State ... CORAM : A.V. NIRGUDE, J. DATED : 26TH MARCH, 2010 PER COURT 1] The applicant-appellant is seeking bail, pending hearing and disposal of this Criminal Appeal, which he filed against the Judgment and order, passed by Additional Sessions Judge, Shrirampur in Sessions Case No.2 of 2007, which convicted him under section 306 and under section 498-A of the Indian Penal Code. 2] It is case of the prosecution that, the appellant and his parents demanded Rs. one Lakh from the deceased and even asked her to demand the same from her parents. It is their case that on account of this demand, they were harassing her consistently, since her marriage to appellants, 2 Cri. A. No. 856.10 which took place about 14 months prior to the death of the deceased (appellant’s wife). On one hand, there is evidence against the appellant that, he had demanded the amount of Rs. one Lakh. There is indication that, on that count he had harassed the deceased. The last circumstance which probably culminated into incident of suicide occurred on 8th August,2006, when the petitioner refused to sent the deceased to her matrimonial house for celebrating the festival of “Rakshabandhan”. This incident is elaborately stated by the witnesses. . The learned Judge believed this part of the evidence. However, there is one unexplained circumstance that has come on record is the suicidal Note, which was found near the dead body of the deceased. The learned Judge of the lower Court examined this aspect and held the handwriting of suicidal Note belongs to the deceased. In this note the deceased clearly stated that, she herself was responsible for her suicide and her father should not cause her husband Sandeep for the same. In the said note she has repeatedly requested her father not to harass the petitioner. She even stated that she had committed suicide as penance for the mistake she had committed. This note apparently reduces gravity of the prosecution case. I am, therefore, inclined to release the applicant on bail, pending hearing and final disposal of the Criminal Appeal. 3 Cri. A. No. 856.10 The appellant-applicant be released on bail on furnishing P. R. bond of Rs.10,000/- with surety of like amount. 3] The Criminal Application stands disposed of accordingly. Sd/- (A.V. NIRGUDE, J.) MTK/ok