0510ba548.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 548 OF 2011 (Sudhir Sudhakar Mankar Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................................................... Mr. Anil S. Mardikar, Advocate for the appellant. Mr. N. R. Rode, A.P.P. for the respondent. CORAM : U. V. BAKRE, J. DATED : 05TH OCT., 2011 The applicant, who has been arrested on 24/12/2010 in Crime No. 257/10 registered at police Station, Saoner for offence punishable under Sections 302 and 201 of the Indian Penal Code, has filed the present application for bail. The applicant was married to deceased Mukta in the year 2007 and they have a daughter by name Vidisha. On 14/12/2010, the dead body of Mukta was brought by the applicant at Public Health Centre, Saoner and some injuries were noticed on the person of the deceased and nylon rope was seen around the ceiling fan in the house of the accused. However, the Medical Officer opined that the death was not due to hanging and that there was possibility of death having occurred due to pressing of soft article on face. In fact, the marriage of the present applicant with the deceased was out of lover affair and the deceased was previously married to another person and had left her husband and child. The learned A.P.P. has pointed out the statement of one Ramlal Kaithvas and 0510ba548.11.odt 2/2 has argued that this statement reveals that there was quarrel between the deceased and the present applicant and thereafter she died. I have gone through all the statements. It appears that there is no prima facie evidence against the applicant. Charge-sheet, however, has been already filed. In these circumstances, the custody of the applicant is no more required. Considering the nature of the evidence on record, I am of the view that the present applicant is entitled to bail, now. The applicant shall be released on bail in Crime No. 257/2010 registered by police station, Saoner for offence punishable under Sections 302 and 201 of the Indian Penal Code upon execution of personal recognition bond in the sum of Rs.20,000/- with one solvent surety in the like amount on the condition that he shall not tamper with the prosecution witnesses. The application stands disposed of accordingly. JUDGE wwl