1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5682 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. P.P. Jadhav for the applicant. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 5TH JANUARY 2010 P.C. : 1. By this application, the applicant prays for anticipatory bail in connection with the crime bearing C.R. No.62/2009 punishable under sections 498-A, 306 read with 34 of the Indian penal Code. 2. The applicant had previously applied for anticipatory bail to the Sessions Court. By an order dated 18th November 2009, the Sessions 2 Court while granting bail to the applicant nos.1, 2 and 4 therein rejected the application made by the present applicant. Hence, the applicant has approached this Court for bail. 3. The offence is of serious nature and needs investigation. The investigation is in progress. The Sessions Judge has noted that there is possibility of the applicant interfering with the investigation. The applicant is the brother of the husband of the deceased and resides in a nearby village which is situated less than 20 kms. away. First Information Report shows that the applicant was instigating the husband of the deceased for ill-treating her who ultimately committed suicide. 4. Taking these circumstances into consideration, in my view, custodial interrogation would be necessary. Hence, the application for anticipatory bail is rejected. The applicant may however apply for regular bail 3 after his arrest. 5. It is clarified that all observations made herein are only prima facie and if an application for regular bail is made, the Sessions Court shall consider it on its own merits without being in any way influenced by any of the observations herein. (D.G. KARNIK, J.)