1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3067/2009 (Dashrath Tade vs. State of Maharahstra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr M V Bute Adv for for applicant Mr Anup Parihar APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 8 th September, 2009. Criminal Application No. . 84/2009 for dispensing with filing of FIR is allowed. Heard the learned counsel for the respective parties. 2. The applicant prays for grant of bail in connection with Crime No. 38/2009 reported under sections 306, 498A read with section 34 of the IPC at Akot Police Station Dist.Akola. According to learned Advocate for the applicant when the alleged incident occurred, the applicant was in Market. When he came home, he came to know that his wife is sick. He had taken her to the nearest Hospital of Dr. Rathi and then to Akola for further treatment. Unfortunately, she died. Learned Advocate also contended that the other co-accused have been released on bail. 3. Learned APP opposed the grant of bail on the ground that there was ill-treatment of deceased Sau. Prathibha @ Varsha. However, no strong prima facie case is made out regarding the alleged ill-treatment. Chances of conviction of the applicant for offence punishable u/s 306 read with sec. 498A IPC appear to be remote, at this stage. Under these circumstances, the applicant cannot be kept behind the bars as it may amount to pre- trial punishment. Hence, conditional bail is granted in favour of the applicant so as to ensure his presence at the trial. The applicant be released in connection Crime No.38/2009 reported under sections 306, 498A read with section 34 of the IPC at Akot Police 2 Station Dist.Akola, upon executing PR bond in the sum of Rs.25,000/- with one or more sureties in the equal amount, provided that the applicant shall attend the Investigating Officer as and when required and cooperate with the investigation. The applicant shall not communicate with any of the witnesses acquainted with the facts of the case so as to influence them in any manner; he shall inform his permanent address/ change in the address with phone/cellphone number to the Investigating Officer as well as trial Court. Humdast granted. Application disposed of. JUDGE. sahare