1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 458/2011 in Criminal Appeal No. 251/2011 Shri Shankar Bhuraji Pande vs. The State of Maharashtra, through The P.S.O., Khandala. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. N.S.Bhat, Adv. (appointed) for the applicant. Mr. N.S.Khubalkar, APP for respondent. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 18.7.2011 Heard the learned counsel for the applicant/ original accused and learned APP for the respondent. 2. The applicant accused has been convicted under section 302 and 201 of the Indian Penal Code for causing death of his wife Rekha by strangulating her, then putting the body in a gunny bag and throwing it in a river. The applicant is now seeking bail. 2` 3. The prosecution case is that the applicant was earlier married to Panchafula. He had two daughters from the said marriage. Thereafter, the applicant got married to Rekha (deceased). The elder daughter of Panchafula and applicant had reached marriageable age. As the marriage was to be performed, the applicant was demanding that Rekha should sell her ornaments and should give money to him so that he can spend the same on the marriage of his daughter. However, Rekha was not willing to do so. This aspect has been deposed by P.W.1 Ramrao who is the uncle of Rekha. 4. Thereafter, Rekha went missing and the applicant lodged a missing report. Some days thereafter, the body of Rekha found in the river. The body was tied up in a gunny bag and was thrown in the river. The cause of death as seen from the medical evidence is strangulation. The muffler of the applicant was found tied around the body of Rekha. P.W.1 Ramdas has identified the muffler as belonging to the applicant. 3` 5. P.W.12 Sudhir has stated that a day before Rekha went missing, there was a quarrel between Rekha and the present applicant at about 6 to 6.30 p.m.. Sudhir has also stated that during the course of quarrel he saw the applicant sitting on the chest of Rekha and from next day Rekha was found missing. 6. Another circumstance which connects the applicant with the crime is that the ornaments of Rekha came to be recovered at the instance of the present applicant from the house of his first wife Panchafula. 7. Looking to the evidence on record, we do not think this is a fit case to grant bail, hence application is rejected. 8. The fees to be paid to the Advocate Mr. N.S.Bhat, who has been appointed to represent the applicant, are quantified at Rs. 750/-. JUDGE JUDGE patle 4`