1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 66 OF 2010 WITH CRIMINAL APPLICATION NO. 146 OF 2010 Prabhakar Ramchandra Chatake ........Applicant versus The State of Maharashtra .......Respondent. Mr. Jaydeep D, Mane adv. for the Applicants Mr. A.S. Shitole APP for State CORAM: B. R. GAVAI, J. DATED : 24th February, 2010. P.C.: 1. Appeal is admitted. 2. The application no. 146/2010 is for suspension of sentence and grant of bail. The applicant has been convicted for an offence punishable under section 498-A and 306 of IPC and sentenced to suffer R.I. for one year and three years respectively. 2. The deceased has committed suicide. The FIR is lodged after a periuod of two days after the body of the deceased was found. For bringing home the guilt under section 306 IPC it is necessary for the prosecution to prove some act or omission on the part of the accused which is of such a nature that it will drive the deceased to commit suicide. 3. Taking into consideration this aspect of the matter the application is allowed. The order of sentence is suspended. The 2 applicants are directed to be released on bail on the same terms and conditions as are imposed however on fresh bond. The application is disposed of. (B.R. Gavai, J.)