MP 1 BA1590_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1590 OF 2011 Bharat Jayram Bhoir ... Applicant Versus State of Maharashtra ... Respondent Mr.A.P. Mundargi, Senior Counsel i/b. Mr. Jayant Bordeskar, Advocate for the Applicant. Smt.P.P. Shinde, APP for the Respondent-State. CORAM : J. H. BHATIA, J. DATE : 17TH DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.75 of 2011 registered with Shahapur Police Station for the offences punishable under Sections 302, 201 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that, deceased Sunita was married to accused Ravindra Jayram Bhoir in May, 2003 and the couple had three children. They were living in the joint family consisting of father, mother, three brothers and wives of two brothers of Ravindra as well as their children. On 15.04.2011, Sunita died at her house. Her father was informed that after some quarrel between the children, she had slapped her son, and thereafter, she had consumed some pesticide and committed suicide. Jayram, who is father- in-law of the deceased, took her to Dr.Rajendra Nikam with the same story. As Sunita was already dead, Dr.Rajendra Nikam advised him to take her to Government Hospital and also to lodge report with the police. On post- mortem examination of the dead body, it was revealed that she was murdered by strangulation. Besides the fracture of thyroide bone and hyoid bone, there MP 2 BA1590_11 were some other injuries also on her person indicating that she must have been beaten and strangulated. Therefore, the offence under Section 302 of the Indian Penal Code was registered. 3. Admittedly, there was no independent eyewitness. The incident appears to have taken place inside the house. The members of the family tried to give same story that she had consumed poison which does not appear to be true. Prima facie it appears that after she was strangulated, pesticide might have been poured into her mouth just to show that she had committed suicide by consuming poison. 4. In all four persons are arrested and made accused in the case. They are husband, father-in-law, mother-in-law and brother-in-law Bharat, who is the applicant before this Court. These four persons were present in the house when the incident occurred. Investigation is completed and charge-sheet is filed. From the investigation papers, there is nothing to show that the finger- prints from the neck of the deceased were taken, and therefore, it appears that no attempt was made to find out who had actually strangulated her. The learned APP could not point out any material from the police papers as to why the present applicant, who was the brother-in-law of the deceased, would have committed the murder. In view of these circumstances, it is difficult to refuse bail to the applicant. 5. Therefore, the applicant be released on his executing P.R. of Rs.30,000/- with a solvent surety in like amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)