1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3826 OF 2010 Yusuf Baig Masood Baig ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr B.S. Kudale, Advocate for the applicant; Mr N.R. Shaikh, A.P.P. for the respondent. CORAM : P.V. HARDAS, J. DATE : 20th October, 2010 PER COURT : The applicant herein prays for his release on bail in Crime No. 15/2010, which is registered by the Majalgaon police station, District Beed for offence punishable under section 498-A and 306 of the Indian Penal Code. The application for bail filed by the present applicant before came to be rejected by the Additional Sessions Judge, Majalgaon on the ground that there was material to justify the detention of the applicant for the aforesaid offences. The applicant is alleged to have treated his wife deceased Sayara with cruelty though he was married for the last fifteen years, which resulted in deceased Sayara committing suicide by pouring kerosene and setting herself ablaze. It appears that a dying declaration has also been recorded in which Sayara implicates the present applicant 2 for offence punishable under section 498-A and 306 of the Indian Penal Code. 2. The punishment which is prescribed for offence punishable under section 306 of I.P.C. is imprisonment for ten years, while the punishment prescribed for offence punishable under section 498-A of I.P.C. is imprisonment for three years. The applicant is not alleged to have committed any offence for which punishment of imprisonment for life or death is prescribed. According to me further detention of the applicant is not necessary in the light of the fact that charge-sheet has been filed in the Court. 3. The apprehension of the prosecution that the applicant would influence the prosecution witnesses can be allayed by putting the applicant to certain terms. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the Trial Magistrate, on the condition that the applicant shall not tamper the prosecution evidence nor shall the applicant influence the prosecution witnesses. Application allowed accordingly. ( P.V.HARDAS, J.) amj/criap3826.10