:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1261 OF 2007 (FOR BAIL) IN CRIMINAL APPEAL NO. 1218 OF 2007 Ramchandra Raghunath Mhatre ...Appellant Orig.Accused no.1. Versus The State of Maharashtra (At the instance of Rabale Police Station) ....Respondents Mr.A.P.Mundergi Adv. for the appellant Mr.A.S.Shitole Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. 10th January, 2008. P.C. P.C. P.C. : : : 1. The applicant is original accused no.1. He has been arrested in connection with Sessions Case No.609 of 1996. 2. The Learned Additional Sessions Judge by the impugned judgment delivered on 1.11.2007 convicted the appellant/applicant under Section 498 and 306 of IPC. :2: :2: :2: The learned judge has imposed the punishment of three years and seven years respectively for these offences. 3. The marriage between the deceased Jayashree and the applicant was solemnized in the year 1983. The incident took place on 5.10.1995. It is alleged that the applicant husband used to harass the deceased wife and thus frustrated and dejected by all this, she committed suicide. The suicide note is also placed before me. The trial was going on for about 10 years. All throughout, the applicant accused was enlarged on bail. The applicant states that nowhere it is alleged that during the course of trial, any breach was committed by him of any terms and conditions. Considering, the fact that the applicant was married for about 12 years prior to the incident, so also, it coming on record that the deceased was suffering from migraine and was under depression, this would be a fit case to enlarge the applicant on bail. The depositions prima-facie indicate that the deceased had not lodged any complaint pertaining to the alleged harassment by the applicant accused. In such circumstances, even if the trial has concluded and resulted in a conviction :3: :3: :3: and sentence, in the peculiar facts of this case, the applicant deserves to be enlarged on bail. Hence the following order. O R D E R . The applicant shall be enlarged on bail on the same terms and conditions but on furnishing fresh bonds. Application disposed off. sd/- ********