1 cr-appa-1102-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 1102 OF 2010 IN CRI. APPEAL NO. 648 OF 2010 Javed Razzak Sayyed ..Applicant Vs. The State of Maharashtra & ors. ..Respondent .... Mr. Deshmukh Aslam I. Adv. for applicant Smt. A.A.Mane APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 15, 2010 P.C.: 1 Heard the learned advocate for the applicant-original accused and the learned APP for the State. 2 The applicant has been convicted for the offence under Sections 498A, 306 and 304-B of IPC and maximum sentence imposed on the applicant is seven years. The appeal preferred by the applicant is pending. The applicant is now seeking bail. 3 The prosecution case is that the applicant was married to Shahin. Thereafter, there was demand of money and as the said demand was not met, there was ill-treatment and harassment to Shahin, 2 cr-appa-1102-10 on account of which, she consumed insecticide. 4 It is seen that Shahin consumed insecticide on 4.12.2008. Thereafter, she was admitted in the hospital on the very same day. She died on 5.12.2008. Thereafter, funeral was performed and on 6.12.2008 FIR came to be lodged. Thus, there is delay in lodging the FIR which raises grave doubt about the genuineness of the prosecution case. 5 Moreover, the evidence of PW 1 Kadir who is father of Shahin, shows that there are omissions on material aspects. Looking to this fact and specially delay in lodging the FIR for which there is no satisfactory explanation, I find much merit in the submission that the applicant has been falsely involved by way of an after thought. Hence, I am inclined to grant bail to the applicant. 6 The applicant- Javed Razzak Sayyed be released on bail in the sum of Rs.30,000/- (Rs. thirty thousand only) with one or two sureties to make up the said amount. The applicant is directed to report to Nasik Road Police Station, once in a month till the disposal of the appeal. 7 Application disposed of. [ SMT. V.K.TAHILRAMANI, J.]