[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2154 OF 2008 Sudam Bhau Ware ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi counsel along with Mr.P.P.Runwal Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.97 of 2008 of Khed Police Station. The said case is under Sections 302 and 201 of IPC. 3. The complainant is the wife of the deceased Laxman. There was property dispute between the family of the complainant and that of the accused. On 18.10.07 Laxman sustained injuries. He came to be admitted in hospital. On 21.10.07 he died. On [-2-] 11.5.2008 the wife of the deceased lodged FIR stating that due to enmity, she is sure that the applicant has murdered her husband. It is her case that when her husband was admitted in hospital he told her that the applicant had caused him injuries. 4. It is seen that the incident had occurred on 18.10.07 i.e. about 8 months prior to lodging of the FIR. Though the deceased was in hospital for about 3 to 4 days, no dying declaration has been recorded and Accidental Death (A.D.) came to be registered. In the said A.D. it is mentioned that Laxman fell down from the bridge and sustained injuries. Though according to the complainant, her husband had informed her in hospital that the applicant had caused him injuries, the complainant has not lodged any complaint immediately against him to the police and after eight months, she had lodged the FIR. The delay has not been satisfactorily explained. The delay itself raises grave doubt in the mind about the veracity of the complainant. 5. Looking to the above facts, as well as the [-3-] averments in the FIR and other material on record, I am inclined to grant anticipatory bail to the applicant. 6. In the event of arrest, the applicant-Sudam Bhau Ware to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Khed police station once in a week till charge sheet is filed. 7. Application disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]