1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.152/2011 (Sheshraj Jagdish Dhakane .vrs. 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 Mr. R.M. Patwardhan, Advocate for applicant, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J. DATED : MARCH 24, 2011 The learned APP has opted to argue the matter without the say in view of charge sheet being submitted for the crime in question. Heard. The prayer for bail made by the applicant- husband of victim Pournima, charge sheeted by Ajni Police Station, Nagpur, as a result of investigation of Crime No.316/2010, registered on 15.12.2010 for offence under sections 306, 498-A r/w 34 of IPC, upon the report lodged by one Khushal Sondawale– father of victim Pournima, who had committed suicide by hanging herself, though objected by the learned APP, on the count of tangible material being collected during the course of investigation, prima facie showing involvement of applicant in commission of offences for which he is charge 2 sheeted and there being likelihood of prosecution witnesses being threatened and thus prosecution evidence getting tampered prior to trial, still the same will deserve consideration, as the perusal of the charge sheet shown prima facie supports the submission of the learned counsel for the applicant that the material regarding the alleged cruelty to which the deceased was subjected is either of generalized nature or other not showing live link of the same with suicide committed by the victim. Needless to add that after taking into consideration the events which had occurred on crucial day prior to victim committing suicide i.e. as revealed from first information report, the same prima facie supports submission of there being no live link in between cruelty to which victim was allegedly subjected as disclosed from statements of first informant and other witnesses and act of herself committing suicide. Apart from aforesaid, the prayer will deserve consideration, having regard to the fact that offence for which the applicant is charge sheeted is not exclusively punishable with imprisonment for life and the apprehension expressed by the learned APP can be taken care of by imposing suitable conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the I.O. of the said crime in 3 between 11.00 am and 2.00 pm on every Monday, until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande