IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1842/2009 (Maroti Tulshiram Payghan ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 19 th JUNE, 2009 Heard Shri Daga, advocate for the applicant and Shri Sonare APP for state. This is an application for bail under section 439 of Cr.P.C. Allegations against the applicant are that on 30.11.2008 at about 1.00 p.m. when the applicant was going to Rajura, his wife – deceased Archana enquired as to why he was going to Rajura and whether he had kept any women there. It is alleged that she started giving abuses to the applicant, due to which applicant was annoyed and gave blows by wooden plank over the person of Archana, due to which she received injuries and died. Thereafter, applicant himself went to Police Station and lodged report and on the basis of that report the offence was registered. It is contended by the learned counsel for the applicant that there were no previous quarrels between the applicant and deceased and they were having good relations. There was no intention to kill the wife on the part of the applicant and in fact it was an accident that sudden small hit caused unfortunate death Learned APP is unable to point of any concrete evidence, except the report of alleged incident against the applicant. Considering the circumstances of the case, it appears that the possibly offence under section 302 would not be made out. Of course this is prima facie view of the matter, but then if the offence is lowered down to some other offence, the applicant would be entitled for bail, however subject to conditions. The applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to condition that he shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. Application stands disposed of. Bail in trial court. JUDGE smp