1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 1836 OF 2009 1.Kalidas Devidas Thorat, 2.Devidas Sopan Thorat, 3.Mainabai Devidas Thorat .. Applicant Vs State of Maharashtra .. Respondent Mr. J.D.Mane, Advocate for the Applicant. Mr. K.V.Saste, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 16/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicants are seeking bail in C.R.No.207 of 2008 of Barshi City Police Station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. Applicant no.1 is a son of applicant nos 2 and 3. The prosecution case, in short, is that on 20.11.2008 at about 11.15 T 2 pm the accused persons committed the murder of Usha, the wife of applicant no.1. Usha died due to asphyxia due to throttling. I have perused the statements of the complainant- Bapu Choube, Vaibhavi Thorat, and Prakash Thorat. It appears from the statements of these witnesses that applicant no.1 and the deceased-Usha were sleeping in the house, while applicant nos 2 and 3 were sleeping in the courtyard when the incident occurred. Keeping that in view and considering the cause of death mentioned in the post-mortem notes, I am inclined to grant bail to applicant no 2-Devidas Sopan Thorat and no.3- Mainabai Devidas Thorat only. Applicant no.1 has not come forward with any explanation whatsoever as to how Usha died. Hence, the following order. Application filed by applicant no.1-Kailas Devidas Thorat is rejected. Applicant no 2-Devidas Sopan Thorat and no.3-Mainabai Devidas Thorat are directed to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that applicant no.2 shall report to the concerned police station on the first Saturday of every month between 6 and 7 pm till conclusion of the trial. While passing this order, I shall not be understood to 3 have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. The application is disposed of. (D. B. Bhosale, J.)