1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1333 of 2010 Prabhakar v. State ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.M. Daga, Adv for applicant Ms A.R. Taiwade, APP and Mr Rahul Ghuge, Adv to assist her for State. Coram: A.P. Bhangale, J Dated : 3rd September 2010 1. Criminal Application filed in the Court for grant of permission to assist the prosecution is allowed. 2. Applicant is seeking pre-arrest bail in Crime No. 85/2010 registered with Police Station, Deulgaon Raja, District Buldana for offences punishable under Sections 306, 498A of the Indian Penal Code. Interim protection has been granted by this Court to the applicant vide order dated 25th August 2010. 3. Heard R.M. Daga, learned counsel for the applicant; Ms A.R. Taiwade, learned APP for State and Mr Rahul Ghuge assisting the prosecution. 4. It is submitted by learned counsel for the applicant that applicant is in Government service. He had married with deceased Jyoti in May 2002 and led happy and cordial marital life. It is alleged that applicant 2 and his rest of the family members were harassing her and, therefore, she ended her life by committing suicide and thus the accused have abetted suicide. Learned counsel for the applicant submits that presumption under Section 113A of the Evidence Act would not be attracted as the incident happened beyond seven years of marriage of the applicant with Jyoti. He submits that the applicant is ready and willing to cooperate with the investigation as and when required by the Investigating Officer. He further points out that other co-accused have already been released on bail. 5. Learned APP Ms Taiwade and learned counsel Mr Ghuge jointly contend that Jyoti was brutally beaten prior to the day of incident and complaint about such assault was made by Jyoti to complainant (her father). They further express apprehension that Jyoti was administered poison and a show of suicide was made. Some photographs are also shown to me. It is pointed out to me from the post-mortem notes that there was infected wound on waste; some white froth was oozing from mouth like poison; blue-colour mark was appearing on right-hand wrist and there were black marks owing to frozen blood near mouth. 6. Learned APP and advocate assisting her could not satisfactorily explain as to from where the photographs were procured. Report of chemical analysis is awaited and investigation is nearing completion. Since other co-accused have already been released on bail, I do not think, custodial interrogation of the applicant is now required. Interim anticipatory bail granted to the applicant earlier, therefore, deserves to be confirmed. 7. Interim anticipatory bail granted to the applicant vide order dated 25th August 2010 is hereby confirmed on the same terms and 3 conditions as are contained therein. Applicant will approach the trial Court, after charge-sheet is filed, for grant of regular bail on merit. Application stands disposed of accordingly. Judge. hsj