1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.197/2011 (Digambar Makhanlal Sharma and others .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Anil S. Mardikar, Advocate for applicants, Mr. D.P. Thakre, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 18, 2011 Heard. Though prayer for bail made by the applicants arrested on 17.3.2011 by Police Station, Old City, Akola in connection with Crime No.62/2011 registered on 14.3.2011 for offence under sections 498-A, 307 r/w 34 of IPC is vehemently opposed by the learned APP on the count of involvement of the applicants in commission of the offences alleged being borne from the matters stated in the say tendered by the learned APP as well as from the material collected during the investigation, still the same will deserve consideration, having due regard to the fact that the incident had occurred on 17.2.2011 and the first statement of the victim i.e. first informant Nayana recorded on the same day by Executive Magistrate reveals that she had then staked a claim of 2 accidentally sustained burn injuries which she changed after lapse of period of about 30 days by submitting a typed complaint. The same will deserve consideration as perusal of the case diary does not reveal any specific allegation with necessary details about the instances of the cruelty to which the victim was allegedly subjected from 8.1.2009 up-till the date of incident is made by first informant/victim. Needless to add that the same deserves consideration in view of there being prima facie substances in the submission canvassed that such after thought report was lodged for wriggling out of first statement made to the Executive Magistrate in the hospital on the day of incident when her husband was also present. In the said premises and the offence being not exclusively punishable with imprisonment for life and on query the learned APP having informed that the investigation is practically completed and the charge sheet is likely to be filed within a fortnight, the prayer deserves consideration. The applicants are directed to be released on bail in connection with said crime upon each of them furnishing P.R. Bond in the sum of Rs.50,000/- with one solvent surety each in the like amount and subject to the conditions that applicants - (i) shall attend the I.O. of said Police Station in between 11.00 am and 12.00 noon on every Monday and Thursday up-till filing of charge sheet and, thereafter, on every Monday, until further orders; (ii) shall stay at the address mentioned in the 3 application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande