abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 594 OF 2008 Jaydeep Vilasrao Kadam .. Applicant V/s The State of Maharashtra .. Respondent Mr.R.S. Kate for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 10TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant seeks bail in connection with C.R. No.19/2008 registered with Umbraj Police Station, Satara for the alleged offence punishable under section 306, 498-A read with 34 of the Indian Penal Code. 3. The prosecution case in short is that the applicant married the deceased on 31st May 2006. A child was born to the applicant and the deceased on 23rd - 2 - June 2007. The deceased came to the house of her parents on 24th January 2008 on account of alleged harassment at the hands of the applicant and his family members. Thereafter on 1st February 2008 she committed suicide by hanging herself in the house of her own father. It is alleged that the suicide was committed by the deceased on account of harassment by the applicant and his family members. 4. The applicant is arrested on 8th February 2008 and after the initial period of police custody, he is presently in judicial custody. Learned A.P.P. opposes the application for bail on the ground that the presence of the applicant is needed for custodial interrogation. The applicant was initially in police custody and initial period of 15 days is over. The applicant is presently in judicial custody and is no longer available for custodial interrogation in the police custody. This ground for opposition of bail therefore does not survive. On the other hand, while granting bail condition can be imposed on the applicant for periodic attendance at police station which would facilitate interrogation. 5. Learned A.P.P. submitted that the parents of the applicant are absconding and therefore bail should - 3 - be refused. In my view, in the absence of any averment and proof that the applicant is aiding and abetting his parents in absconding, the applicant cannot be denied bail merely on the ground that his parents, who are also charged with harassment of the deceased, are absconding. 6. Admittedly, the suicide was made not in the house of the applicant but in the house of the parents of the deceased. She was residing with her parents for a considerable time during pregnancy and thereafter. Even on the date of suicide she was residing with her parents. 7. Taking an overall view of the matter, in my view, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on his executing personal bond of Rs.25,000/- with one or two sureties for the aggregate amount of Rs.25,000/- subject to the following conditions:- (a) The applicant shall not make any inducement nor - 4 - give any threats to any of the prosecution witnesses. (b) The applicant shall cooperate with the investigation and attend the concerned police station twice a week on every Monday and Thursday between 10.00 a.m. and 1.00 p.m. for a period of 8 weeks or till the filing of the charge sheet, whichever is earlier. (D.G. KARNIK, J.)