1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 473 OF 2009 IN CRIMINAL APPEAL NO. 539 OF 2008 Deepak Maruti Gund and ors. ..Applicants Vs. State of Maharashtra ..Respondent Mr. Amogh Karandikar i/by Mr. V.M. Thorat for applicants. Mrs. M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. September 25, 2009. P.C. We have heard Mr. Karandikar the learned counsel for the applicants. They pray for being released on bail during the pendency of Criminal Appeal No. 539 of 2008. All of them have been convicted for the offence punishable under Section 302, Section 498- A read with Section 34 of IPC. Deceased Sarika was married to applicant no.1 on 25/2/2006 and she was found dead in the early morning of 13/6/2006 in the matrimonial home. On the complaint filed by her father, all the four family members came to be tried in Sessions Case No. 86 of 2007 and accused no.4, the younger brother of accused no.1, has been acquitted. 2 The prosecution case was based on circumstantial evidence and the defence taken by the accused was Sarika committed suicide by hanging. We have gone through the depositions of the Medical Officer, who stated that Sarika died a homicidal death and she did not commit suicide. He further stated that the last meal would have been taken by the deceased 6 hours prior to her death and, therefore, it indicated prima facie that the incident had taken place some time in mid-night, though it was reported to the Police Patil around 7 a.m. Having regards to the evidence placed on record by the prosecution, we are inclined to release the applicant nos.2 and 3 on bail and the plea of applicant no.1 cannot be considered. Hence, the application is partly allowed and it is directed that applicant nos.2 and 3 i.e. Smt. Malan Maruti Gund and Shri Maruti Kerappa Gund be released on bail in the sum of Rs.10,000/- each and one surety in the like amount, unless they are required to be retained in jail in connection with some other case. They shall report to the nearest police station (Mohol Police Station) once in a week and will not leave the place of their permanent residence at village Konheri, Taluka Mohol, unless permitted by the concerned police station. Bail application of applicant no.1 is rejected. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)