IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1088 OF 2008 CRIMINAL APPLICATION NO. 1088 OF 2008 CRIMINAL APPLICATION NO. 1088 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1025 OF 2008 CRIMINAL APPEAL NO. 1025 OF 2008 CRIMINAL APPEAL NO. 1025 OF 2008 Dadabhau Somaji Shelke ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.S.V. Kotwal i/b. Mr.V.V. Purwant for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Sections 306, 342, 330 read with Section 506 of the IPC and sentenced to suffer RI for 7 years. The applicant was a police officer who was investigating the circumstances under which Reshma died. The dead body of Reshma was found in the well. The husband of Reshma viz. Bajirao and his mother both were being interrogated by the applicant herein. Thereafter, - 2 - the dead body of Bajirao was found in the forest. A complaint was lodged against the applicant in which it was alleged that as a result of assault by the applicant on the deceased during his interrogation and on account of threat given by him, Bajirao had committed suicide by hanging himself on the tree. 3. Counsel for the applicant submitted that there was number of improvements made by the mother of the deceased Bajirao and those improvements have been brought on record. She had never stated before the police that she had seen the applicant assaulting deceased Bajirao though in the Court she has stated that she had seen the applicant assaulting Bajirao with stick. He further submitted that there was no evidence to indicate that the applicant had threatened the deceased and therefore, he had committed the suicide. 4. The applicant was Investigating Officer and he was investigating the death of Reshma. Prima facie, in my view, case has been made out by the applicant for grant of bail since the complainant viz. the mother of - 3 - the deceased clearly had made certain improvements in her statement before the Court. 5. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. 6. Application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)