1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1281 OF 2009 IN CRIMINAL APPEAL NO.1083 OF 2009 Rahim Chandulal Kasim Mulani .. Applicant Versus The State of Maharashtra .. Respondent Mr.Yogesh Pendse for applicant Mrs.A.A.Mane, APP for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th January 2010. P.C.: 1] This is an application for bail in an appeal which is admitted. 2] The applicant accused states that he was enlarged on bail all through out. It is not as if the circumstances have undergone such a change so as to put him in jail during the pendency of the appeal. 3] My attention has been invited by Mr.Pendse in support to the fact that the deceased had married son of the appellant accused on 20th October 2002. If there is a charge for commission of offence under 2 sections 498A, 323, 504, 506, 306 of IPC the husband and others in the family would have been definitely proceeded against. Here, it is only the appellant – father in law who has been proceeded against and convicted. From the judgement itself, it is apparent that the version of the father of the deceased (PW-1) is doubtful. He turned hostile. All that the learned Judge has, therefore, relied upon is a dying declaration. Even as far as that aspect is concerned, the learned Judge herself has observed that the version is that the deceased died due to short circuit. However, that is not substantiated or proved by the accused. However, at the same time, the learned Judge notes that hospital papers or the C.A. Reports have not been placed on record by the prosecution. She has only relied upon the post mortem report. 4] In these peculiar facts and when only the father in law of the deceased – present applicant is the accused in the case so also he being 58 years of age with no criminal record, the application is allowed. Applicant is enlarged on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. He shall report to the nearest police station once in a month during pendency of this appeal. (S.C.DHARMADHIKARI, J)