1 APPA.427-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 427 OF 2011 IN CRIMINAL APEAL NO. 253 OF 2011 Purshottam Namdev Aade ...Applicant. Vs. The State of Maharashtra . ...Respondent. ---- Mr. Kuldeep S. Patil, for the applicant.. Mr. S.A. Shaikh, APP for the State. ---- CORAM: U. D. SALVI, J. APRIL 13, 2011. P.C.:- Heard. Perused the application and notes of evidence. 2 The applicant-accused convicted for the offences punishable under Sections 306 and 498A of IPC, 1860 and sentenced to suffer R.I. for five years and two years on respective counts, has moved this application following the admission of his appeal on the ground: (i) he had not misused the liberty availed by him as a result of the grant of bail by the trial court, (ii) he was not present at the time of burning incident and the local witnesses did not justify about broken relations between him and the deceased wife. 2 APPA.427-2011 3 According to the prosecution the victim had died of 100% injuries and the learned trial court had held him guilty of the matrimonial cruelty. 4 The evidence shows that the victim committed suicide by burning herself at her matrimonial home. PW-1-- Bhaskar, the father of the deceased, his nephew PW-3 Sanjay Palve, and his brother PW-4 Dnandev Palve averred regarding ill-treatment of the deceased victim Seema at the hands of the applicant-accused and added that the applicant-accused used to consume liquor. 5 On the other hand, the local residents PW-5 Pramila Bareto, PW-6 Manju Kulkarni, and PW-7 Dilip Khamkar expressed ignorance regarding the alleged relations between applicant-accused and deceased wife. PW-5 Pramila Bareto the land-lady of the house where the applicant- accused stayed along with his wife testified that she had never seen accused assaulting his wife after consuming liquor and had never heard shouts suggestive of quarrel. According to her the accused had a good relations with the others. 6 There is no history of misuse of the liberty availed by the applicant-accused during the period of his trial. Hence, the following Order: 3 APPA.427-2011 Applicant-accused shall be released on P.R. Bond of Rs. 15,000/- subject to following conditions: (i) He shall keep informed the Police about his whereabouts from time to time and shall also provide his telephone (landline) number/Mobile number; (ii) He shall not leave India without the permission of this court; (iii) He shall report to the Nalasopara Police Station on Sunday of the first week of every month between 10.00 a.m and 12.00 noon. 7 With above directions, the Criminal Application stands disposed off. (U. D. SALVI,J.)