APL-459-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.459 OF 2011 Swarup Chandrakant Zodge ... Applicant V/s. The State of Maharashtra, Thru' Satana Police Station, Dist. Nashik ... Respondent Mr. Sachin U. Dhakephalkar for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 8 TH JULY, 2011. P.C. : 1. Heard. 2. The Investigating Officer is absent, in spite of specific directions. The Investigating Officer's presence was felt necessary for getting the Inquest Panchnama produced before the Court. However, the learned APP for the Respondent submits that even the statements of witnesses recorded during investigation indicate that there were nail marks on the neck of the deceased. Under the circumstances, I am not inclined to adjourn the matter only because the Investigating Officer is not present before the Court. 3. Sonali - daughter of the First Informant Narayan Jejurkar - wife of the Applicant - died an unnatural death on 23rd October, 2010. On the next date, her father lodged a report with the Police alleging that Sonali was being treated with cruelty since one year after her marriage with the Applicant, and that the Applicant and his mother used to make a demand that Sonali should bring an amount of Rs.50,000/- from Sonali's parents. That this harassment and cruel treatment was APL-459-11.sxw 2 Dixit continued. On 23rd October, 2010, the brother-in-law of Sonali informed the brother of Sonali that Sonali's condition was not good, and that she was admitted in dispensary. It was told to the First Informant that Sonali committed suicide. The First Informant, however, noticed some marks indicating of pressing of neck and some nail marks on the neck of Sonali. Therefore, he though it to be a murder. 4. I have glanced through the copy of the Charge-Sheet that has been circulated. Merely because some nail marks were noticed on the neck of Sonali, it cannot be presumed that her neck had been pressed by somebody by hands. Apparently, the knot tied to her neck was removed by one Smt. Anita and it is possible, at that time, nail marks could be caused. 5. Undoubtedly, there are allegations of cruel treatment, but these allegations are of a general nature and show that the cruel treatment was being given to Sonali right since the year 2004. There is no material to show that anything had happened soon before 23rd October, 2010, which led the Applicant and the other accused to murder Sonali. 6. Considering that the case against the Applicant is based only on suspicion, as also the fact that he is in custody since 24th October, 2010, and that the co-accused has already been released on bail, I am inclined to release the Applicant on bail. 7. The Criminal Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in like amount. [A.M. THIPSAY, J.]