1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1699 OF 2010 (Jayant Shivaji Metkar .v. 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. Shri K.S. Narwade, Advocate for the applicant. Shri A.S. Parihar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeks regular bail for the offence punishable under Sections 306, 498-A read with Section 34 of the Indian Penal Code vide Crime No. 38/2010 registered with the Police Station Mahagaon, District Yavatmal. Learned Counsel for the applicant submits that the investigating machinery has collected all the evidence. By inviting my attention to the FIR, learned Counsel for the applicant submits that the nature of the allegations against the applicant and the other relatives is vague about demand of money of Rs.50,000/-. He further submits that the statements of the witnesses, who rushed to the spot immediately, show that they had entered the house and found that the victim was in burning condition. The door of the room was locked from inside. He further submits that the perusal of the statements of the witnesses, who shifted victim immediately to the hospital, reveals that though the victim was severely injured and made a request to shift her to hospital, she had not stated anything either about the incident or any allegations made against the applicant. Learned Counsel for the applicant further submits that the application filed by the applicant and which was rejected by the learned extra joint Additional Sessions Judge by order dated 12.08.2010 was only on the ground of ligature mark observed on neck of the victim. He further invites my attention to the 2 Postmortem report which is placed on record at page 69 of the application and column No.22 that the opinion as to probable cause of death is shock due to burns with evidence of ligature material and mark over neck, viscera and other than viscera kept for chemical analysis. He further invites my attention to the opinion received by the Investigating Officer in respect of ligature mark which is placed on record at page 77 of the application i.e. communication dated 15.04.2010, which reads thus :- “(1) The ligature material around the neck has produced the ligature mark over the neck, but the death is not due to the compression of neck by ligature material. Whether the ligature material caused the deceased unconscious cannot be opined as there was no corresponding neck findings or underlying injury over the neck.” He further submits that the material collected by the investigating agency was too short to connect the applicant for the commission of offence either under Section 306 or under Section 302 of the Indian Penal Code. He further submits that the nature of allegations in respect of ill treatment is vague statement. Learned Counsel for the applicant further submits that the witnesses have stated only about entering the house and shifting the victim to the hospital. He further submits that the applicant is earning his livelihood as an electrician. He submits that the applicant is ready and willing to abide by any condition imposed upon him by this Court. Learned APP strongly opposes the application. Reply is filed. The apprehension is expressed in the reply that the applicant may pressurise the witnesses. In view of the submissions made by the learned Counsel for the applicant, I am of the opinion that prima facie case is made out for enlarging the applicant on bail. The apprehension expressed in the reply can be taken care of by putting the applicant on conditions. In the result, the application is allowed. The applicant 3 be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Mahagaon, District Yavatmal on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon for the period of three months. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Mahagaon, District Yavatmal, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.