AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1225 OF 2008 IN CRIMINAL APPEAL NO.1138 OF 2008 Narsing Dhondiba Pol. ... Applicant Vs. The State of Maharashtra ... Respondent Mr. G. Sadavarte for the applicant. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 27TH APRIL, 2009. P.C.:- 1. The applicant was tried by the 4th Ad-Hoc Additional Sessions Judge, City Sessions Court, Sewree, Mumbai, in Sessions Case No.705 of 2004. The allegation against the applicant is that he strangulated his wife Aruna which resulted in her death. By the judgment impugned in the appeal, the applicant was convicted for life. This is an application for bail. AJN 2 2. We have heard learned counsel appearing for the applicant. He submitted that no witness has stated that the applicant treated the deceased with cruelty. He submitted that there is no eye witness to the incident. Learned counsel pointed out that the son of the applicant has clearly stated that the applicant was standing outside the house when the incident took place. He further submitted that the doctor's evidence is also not cogent and credible. He pointed out that the applicant was on bail during the trial and, hence, he may be released on bail. 3. We are not impressed by any of the submissions of learned counsel. Admittedly, the deceased died in suspicious circumstances in the residential house of the applicant. The incident took place at about 5.30 a.m. The applicant has admitted that he was at the relevant time residing in the house. The applicant's counsel told us that the applicant was on the upper floor whereas the incident took place on the ground floor. Prima facie, it is difficult to digest this story. If the death has taken place in the residential house as rightly observed by learned Trial Judge in view of Section 106 of the Indian Evidence Act, the applicant ought to have explained how his wife died in suspicious circumstances. AJN 3 4. In the circumstances, in our opinion, the applicant cannot be granted bail. Criminal application is rejected. Appeal expedited. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]