1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1936 OF 2010 (Gajanan Anandrao Nanwate .v. 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. Shri S.V. Sirpurkar, Advocate for the applicant. Shri S.M. Bhagde, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 23RD DECEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Sections 498-A, 302, 201 read with Section 21 of the Indian Penal Code vide Crime No. 35/2010 registered with the Police Station, Khandala, District Yavatmal. Learned Counsel for the applicant submits that a bare perusal of the report would show that the marriage between the applicant and the deceased was solemnized ten years prior to the incident. He further submits that the applicant is the Headmaster working in Zilla Parishad School and on the date of incident, he left his house for his regular work and at 01:30 p.m. on the same day, when he returned back to his house, he found that the body of his wife was found hanging. Learned Counsel further submits that the investigating agency is unable to show any material against the applicant except that his behaviour was doubtful. He further refers to the Postmortem Report and submits that the Medical Officer has opined that the cause of death was asphyxia and the viscera preserved sent for chemical analysis. Learned Counsel further submits that the investigating agency has collected the material. The charge sheet is also filed. In response to the queries made to the Medical Officer, the Medical Officer has stated that he is unable to make any comment whether the death was suicidal or homicidal as there is no defence injury over the body. He further submits that as the applicant is behind the bars 2 for more than three months and now the investigation is complete, it is not the case of the investigating agency that anything is to be recovered at the instance of the applicant. Learned Counsel further submits that as the applicant is working as Headmaster in Zilla Parishad and is the permanent resident of village Sehmbal Pimpri, there is remote chance of the applicant leaving his permanent residence and not being available for the trial. The applicant is ready to abide by any conditions imposed by this Court and cooperate with the investigating agency. Per contra, the learned APP has strongly opposed the applicant. He submits that there is material against the applicant and as per the inquest panchnama, there were marks on the stomach of the deceased. I have gone through the material collected by the investigating agency. In response to the injuries as referred to in inquest panchnama, query was made to the Medical Officer, to which, the Medical Officer has replied that there was no visible injury over abdomen and mention made by the Medical Officer was about the signs of decomposition which were red patches over the abdomen. It is not in dispute that the investigation is complete. It is also not in dispute that the marriage between the applicant and the deceased took place ten years back prior to the incident. The statements are already recorded by the investigating agency. As such, I am of the opinion that the prima facie case is made out. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Khandala, District Yavatmal on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon for the period of six months. (ii) The applicant shall not tamper with the evidence nor 3 commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Khandala, District Yavatmal, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Hamdast granted. JUDGE *rrg.