- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.287 OF 2009 APPLICATION NO.287 OF 2009 APPLICATION NO.287 OF 2009 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.225 APPEAL NO.225 APPEAL NO.225 OF 2009 OF 2009 OF 2009 Balasaheb Vasantrao Wagh ...Applicant vs. State of Maharashtra ...Respondent Mr.Sagar Kasar for the applicant Mr.J.P.Yagnik A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 19,2009 : MARCH 19,2009 : MARCH 19,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the learned A.P.P for State. The applicant has been convicted under section 235 of the Code of Criminal Procedure,1973 for offences punishable under section 306 and 498-A of the Indian Penal Code. The maximum substantive sentence is 7 years’ R.I. 2. The applicant was admittedly on bail during the pendency of trial. 3. I have perused the notes of evidence and in particular notes of evidence of parents of deceased. The date of marriage of the deceased was 24th April 1999 and date of alleged suicide is 5th April 2006. Taking the case of the witnesses as it is, last demand appears to have been made by the Applicant somewhere in 2004. As to what transpired from - 2 - 2004 to October 2006, from the evidence of Prosecution witnesses is very vague. The applicant is on bail during the trial. 4. Considering the peculiar facts and circumstances of the case, there is no ground to deny the bail especially when the Applicant was on bail during the pendency of trial. 5. The applicant shall be enlarged on the same bail on which he was enlarged during the pendency of trial subject to filing fresh bail bonds within a period of four weeks from today. 6. The bail is granted subject to condition that the applicant will report to Wadner Bhairav Police Station, Taluka Chandwad, District Nashik once in every calender month till the disposal of the appeal. JUDGE JUDGE JUDGE