IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3623 OF 2008 CRI.APPLICATION NO.3623 OF 2008 CRI.APPLICATION NO.3623 OF 2008 Ajit Narayan Deshmukh, .. Applicant Vs State of Maharashtra .. Respondent. Mr Rajeev Patil i/b Mr BalaSaheb Deshmukh, for the applicant. Mr K.V.Saste, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 16/10/2008 DATE : 16/10/2008 DATE : 16/10/2008 PC: PC: PC: 1. Heard Mr.Patil, learned counsel for the applicant and Mr.Saste, learned APP, for the State. 2. The applicant has prayed for bail in C.R.No. 175 of 2008 of Sangola Police Station, District-Solapur. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 498(A), 306, 323 read with 34 of IPC. 3. The applicant is the husband of the deceased Jyoti. The other accused involved in this case are two brothers, mother and wife of the brother of the applicant. The allegations against all the accused are common. It is stated that the applicant along with other four accused harassed the deceased as her parents had given cheap/sub-standard articles in the marriage. In the complaint, she has specifically stated that deceased Jyoti was assaulted by the applicant and other accused when Jyoti was pregnant and on account of beating the injury was caused to foetus which resulted in her abortion. Similar arguments were advanced for opposing the bail application that was filed by four accused in this Court. The learned Judge, while disposing of their criminal application no.3146 of 2008 filed by other four accused, in paragraph 4 observed thus: "During the course of investigation the statement of the doctor who performed the operation has been recorded.The doctor has specifically stated that Jyoti came to be admitted in the hospital as there was pain in her stomach. Sonography was done. The Sonography report showed that the head of the foetus was very large and there was a growth on the spinal cord of the foetus. No injury was seen to the foetus, but, on account of the abnormal growth of the foetus it was decided to perform abortion. Looking to this fact, there appears much merit in the submission of the learned Advocate for the applicants that the applicants have been falsely implicated by the complainant. Looking to this fact, I am inclined to grant bail to the applicants." Keeping the observations made by the learned Judge in view and considering that the nature of allegations against the applicant and the other accused are similar, I am inclined to enlarge the applicant on bail. Hence, the following order. 4. The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount. The applicant shall report to Sangola Police Station every Saturday between 10 and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)