1 BA 1234 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1234 OF 2011 Yujuddin Jamatlali Mandal .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Subodh Desai, for the applicant. Mrs. P.P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 26th September, 2011 P.C. 1. This is an application for bail by a husband who is alleged to have killed his wife suspecting her fidelity. The notes of postmortem examination shows as many as 38 injuries all minor. Those are contusions, bruise, scratch marks on various parts of the body. It is the case of applicant that on the incidental night, his wife, who was working in a bar, phoned and told him that she was coming home at 11.30 p.m. On her reaching home applicant asked her about late coming. She was drunk. She replied that she had gone out with three customers. The applicant admits having slapped her and also poured water on her. The applicant has also stated that there was injury on victim's right eye. The victim also vomited in their house. On 18.11.2009 in the morning, when the applicant 2 BA 1234 OF 2011 tried to wake his wife, she was not responding. He called an ambulance and took her to hospital, where she was declared to be dead. Thereafter he went to the police station and reported the matter. There is a statement of Shantilata Swine, who is a neighbour states that on the night of 17.11.2009, at about 11.30 a.m. she heard noise of quarrel from neighbouring house. There was a knock on her door and the victim came inside her house, followed by her husband. The applicant is alleged to have caught the victim with hair and dragged her to his own house, asking the victim as to where she was till then and what she had been doing. Witness states that she heard noise from the applicant's house till 1.30 a.m. She states that when the victim came to her house, she was not drunk. She states that about 11.30 p.m. victim's husband i.e. present applicant, brought doctor and then also brought an ambulance. The applicant was also subjected to medical examination and the report shows that there was trauma and swelling over posterior aspect of right hand above little finger, abrasion over eyebrow of left eye and abrasion over right elbow, on the backside area, near shoulder etc. The doctor mentioned age of injuries as “recent/old”. Even if it is presumed that the injuries were recent, if the victim was not drunk and if the victim had suffered so many injuries on her person & the applicant too suffered some injuries this must be in course of quarrel. There is no single injury which could 3 BA 1234 OF 2011 indicate requisite intention/knowledge to cause death. In any case, all these factual aspects would be looked into by the learned trial Judge at the trial. Right now the fact that the applicant himself took the victim to hospital and also informed the police would be relevant. Considering this, since the applicant is in jail for almost two years and trial has not yet commenced, the applicant, arrested in C.R. No.171 of 2009, registered at Vishnu Nagar Police Station, Dombivli, District:Thane, be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/- on the condition that the applicant shall attend the concerned police Station every Sunday between 10.00 a.m. to 1.00 p.m., till the trial is over . 2. Application stands disposed of. (R. C. CHAVAN, J.)