IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1300/2008 Gajanan Yashwantrao Nerkar vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 22 nd APRIL, 2008. Heard Shri U.N.Vyas, Advocate, for the applicant and Shri Patel, A.P.P. for respondent State. This is an application under Section 438 of Cr.P.C. for grant of bail. The applicant is the husband of the deceased. Considering the circumstances of the case, no interim order was passed. It appears that deceased had committed suicide on 28.2.2008, still the offence was registered on 13.3.2008. It is not known why the report was not lodged by the parents of the deceased earlier immediately after the incident. Further it appears that the marriage of the deceased was solemnized about 13 years back and there are three issues out of the wedlock. The allegations against the applicant are that the applicant demanded huge amount for purchasing agricultural land and as the demand was not fulfilled, he was ill-treating the deceased. In these circumstances, if the allegations were true, the parents would have definitely lodged the report earlier. In the circumstances, the possibility of the applicant's involvement in the offence on suspicion cannot be overruled. Hence, anticipatory bail to the applicant is warranted, however, subject to conditions. In the event of arrest of the applicant for the offence under Sections 306, 498-A of the IPC in Crime No. 18/2008 of Police Station Telhara, he be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall report at Police Station Telhara as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. Hamdast granted. JUDGE Rvj.