- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2472/2010 Vasant Machindra Wagh, age 25 yrs., occu.agri., r/o Pimpalgaon Ujaini Tq.Nagar Dist.Ahmednagar. ...Applicant.. Versus The State of Maharashtra, through Ambhora Police Station, Tq.Ashti Dist.Beed. ...Respondent... ..... Shri S.V. Sudrik, Advocate for applicant. Shri P.P. More, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 28.07.2010 - 2 - PER COURT: 1] By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.67/2010 registered in Ambhora Police Station Tq.Ashti Dist.Beed in which he came to be arrested on 26.5.2010. 2] Heard counsel for the applicant and the learned APP for the State. 3] Present applicant is the husband of victim Suresh – the wife. It is not under dispute that the deceased got married with applicant three years back. The alleged incident of suicide took place on 14.5.2010 around 3 p.m. as the dead body of the deceased was found in a water tank, which is in the village of the sister of the husband. On that basis, complaint was lodged against the applicant and his other relatives by father of the victim on 15.5.2010. It appears that there are allegations of illegal demands and one of other type of harassment of sending to the field of sister of the applicant for some agricultural operations without providing food to her properly. Because of that, it is alleged, getting annoyed, the victim committed suicide in the tank on 14.5.2010. 4] Considering the papers of investigation, one fact is clear that the applicant is in custody for 78 days after his arrest. It is also clear that the said incident did not occur in the matrimonial house of the victim. It is also not under dispute that the - 3 - victim as well as others are from the family of agriculturist where there must be a system to help each other in the agricultural operations to be performed seasonally. It is to be noted that even though there are allegations that due to starvation, the victim got annoyed and committed suicide, the same are not supported by the post mortem report as the condition of the dead body was noticed as well nourished and during post mortem, food particles were found in the intestine of the victim, which falsifies the allegations that no food was provided to the victim and without providing food, she was required to carry out agricultural operations on the field of sister of the applicant. Considering the fact that the applicant is behind the bar for a considerable period, investigation is about to be practically over, no circumstance of instigation before the alleged incident occurred on 14.5.2010. Considering these aspects, a case is made out to enlarge the applicant on bail. Hence, the following order. 5] Application is allowed. Applicant be enlarged on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. Bond in the like amount. Application stands disposed of accordingly. As the concerned investigating officer had not forwarded the papers of investigation to the office of the Public Prosecutor, notice was issued to the concerned investigating officer as well as the Superintendent of Police, Beed, to show cause. Today, both are present before the Court and filed their affidavits, in which they have tendered apology and given assurance that in future, such incidents will not be repeated and they will cooperate with the office of the Public - 4 - Prosecutor. In view of this, explanation and apology is accepted and the notice is discharged against both. (A.V. Potdar, J.) ndk/cr2871015