IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4484 OF 2008 1. Tanaji Ramling Shinde 2. Ajit Shankar Ubale ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri V.M. Thorat for Applicants Mrs.M.H.Mhatre,APP for State ---- CORAM: V.M. KANADE J. DATED 20TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. The Applicants have been convicted in connection with the offence punishable under sections 302, 143, 147,148 of the Indian Penal Code. 3. The prosecution case in brief is that the grandson of the Complainant had informed him on 21.7.2008 at about 8.30 in the morning that the Applicant No.1 and all his other relatives were assaulting his mother. The Complainant, therefore, promptly went there and pacified the Applicant No.1 and others. Thereafter, in the afternoon, the Complainant was informed that his daughter, wife of the Applicant No.1 had died. When he went to the house of the Applicants, he noticed that the Applicants and others were trying to lock the door of the house and, thereafter, when they saw the Complainant, they ran away from the place. When the Complainant went inside the house, he saw his daughter is hanging from the ceiling fan. He got her down on the floor and called the doctor. A complaint was lodged, thereafter. 4. The Learned Counsel appearing on behalf of the Applicants submits that the said complaint cannot be relied upon since it was inconceivable. He submitted that after the first assault the Complainant could not make any complaint against the son-in-law and others. He further submitted that the other documents indicated that the deceased has committed suicide. He submitted that the Applicant no.1 had promptly gone to the police and informed the police that his wife had committed suicide. The Learned Counsel for the Applicants has invited my attention to the other documents and the chargesheet and submitted that all these documents clearly falsify the case of the prosecution that the Applicants and others had committed murder of the deceased. He also submitted that the Applicant No.1 had suffering from stroke and, therefore, on the medical ground also he was entitled to be released on bail and he wants to look after his children, which was born out of the said wedlock. It is submitted that there is no allegation of demand of dowry and that he had spent his married life with the deceased last about 15 years. 5. In the present case, the chargesheet has been filed. The other Accused have been released on bail on the same ground, therefore, the Applicant No.2, who is brother-in-law of the deceased also deserves to be released on bail. However, present Applicant No.1 is concerned, at this stage, no case is made out for grant of bail. From the statement of the Complainant, it is apparent that he witnessed the assault made by the Applicants and others to the deceased and, thereafter, within a short time, deceased found hanging from the ceiling fan in the house. Therefore, the application for bail filed by the Applicant No.1 is rejected. 6. The Applicant No.2, however, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to Madha Police Station once in a month. 7. The medical papers thus indicates that the Applicant No.1 had a paralytic stroke, the Jail Authorities are directed to give proper medical treatment to the Applicant No.1. In event, it is found that it is necessary to admit him in the government hospital, he may be admitted in the government hospital under police ascort. 8. Hearing of the trial is expedited. V.M. KANADE J.