16crn2283-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2283 OF 2010 Shree Roopsingh Premsingh Raj Purohit .. Applicant. Vs. State of Maharashtra and another. .. Respondents. .... Mr.A.K. Chauhan, Advocate for the applicant. Mr.P.S. Hingorani, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 6TH JULY, 2010 P.C. 1. Heard rival submissions on this application for regular bail preferred by the applicant for his release on bail during pendency of the trial. 2. The facts of the case are rather peculiar and it is to be ascertained whether there is such a role of the present applicant so as to deny him the bail during the pendency of the trial as chargesheet has already been filed in June, 2010. 16crn2283-10 2 3. Deceased got married with accused No.1 in December, 2002. Apparently there are allegations of illtreatment and harassment of the deceased woman at the hands of her husband and in-laws who are accused Nos.1 to 3. There are also allegations of such harassment and illtreatment at the hands of the present applicant who is accused No.4, the maternal uncle of the husband of the deceased. Admittedly present applicant is staying independently at his own house away from the residence where the deceased was staying with her husband and in-laws. On 2nd April, 2010 deceased was found inside the room, but, it was latched from inside. After broking open the door of the room, the persons entered the room and found that deceased was hanging to the ceiling fan by means of some clothe. Apparently it was a case of instantaneous death due to hanging/strangulation. On the next day, First Information Report was lodged by one Jagdish, brother of the deceased, alleging imputations against all the accused, including the present applicant, for the offence punishable under Section 498A and of the offence punishable 16crn2283-10 3 under Section 306 of Indian Penal Code. 4. After about a week, the investigation was transferred to another police station under the directions of the concerned Jt.S.P. and offence of 306 IPC was converted into offence of 302 IPC. So far as the said offence of 302 is concerned, it is apparent that prima facie even prosecution do not press the said charge read with Section 34 of IPC against applicant. However, what is specifically alleged against the applicant is application of Section 498A IPC. 5. Present applicant and in-laws of the deceased were arrested immediately on the next day of the incident and till this time they are in custody. Accused No.1 husband of the deceased was arrested on 6th April, 2010 and prior to that he was taking some treatment due to mental shock and trauma he suffered on knowing the said incident. 6. So far as the role assigned to the present applicant is concerned and considering his separate stay and considering his custody till date, present application can be allowed with 16crn2283-10 4 certain conditions. Hence order :- :: O R D E R :: [i] Criminal Application No.2283 of 2010 for regular bail is allowed; [ii] The applicant - Shree Roopsingh Premsingh Raj Purohit shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] After availing the bail, as above, the applicant shall not directly or indirectly attempt to tamper the prosecution witnesses. [iv] The trial Court shall not be influenced by any observations made in the present order while dealing with the case so far as merits of the case are concerned. (A.R.JOSHI,J.)