1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINALAPPEAL NO. 5303/2010 SURESH DIGAMBAR SHINDE AND OTHERS VS. THE STATE OF MAHARASHTRA _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Smt. Sadhana S. Jadhav, Advocate for appellant. Mr. S.N. Kendre, A.P.P. for respondent /State. Date : 23rd December, 2010 1 The appellant no.1 / applicant is in jail since the date of judgment. He is convicted under Section 498-A, 306 of Indian Penal Code and maximum term of sentence awarded to him is five years. The other appellants are awarded sentence for the period of three years. Therefore, they are granted temporary bail. The Bail granted to them is continued on their executing fresh bonds before trial Court. 3 Heard on the application of appellant No.1 for bail. On perusal of the impugned judgment, I noticed that the finding on the fact as to whether the victim died of suicide is dubious. There 2 was practically no evidence to show that the deceased had consumed poison. Because in the viscera, no poison was found. All that came on record was that a bottle of insecticide was found lying near the dead body and that there were allegations of harassment, ill treatment etc. The appellant no.1 therefore, deserved bail. ORDER a) Pending hearing and final disposal of the appeal, the appellant No.1 be released on bail on his executing P.R. bond of Rs.10,000/- (Rs. Ten thousand) and on furnishing one surety in like amount. b) The bail bond shall be furnished before the trial Court. c) Hamdast allowed. d) Application disposed off. [A.V. NIRGUDE, J.] ts k/