1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.1933 OF 2010 Yusufsaheb Kasamsahab Shaikh ...Applicant vs. The State of Maharashtra ...Respondent Mr.H.S.Venegavkar for the applicant Mr.P.S.Hingorani, A.P.P. For State CORAM : A.R.JOSHI,J. DATE : JUNE 14, 2010 P.C.: 1 Heard rival submissions at length on this application for regular bail in which the present applicant-brother of husband of the deceased woman was arrested for offence under section 498-A, 304-B of the Indian Penal Code on 7th July 2009. Charge sheet is already filed as investigation is over. This is an incident of death of young woman of about 24 years, wife of main accused, died on 28th September 2009. It is curious to note that marriage of the deceased with the main accused took place only for 20 days prior to her death. The allegations are that husband and other relatives including his brother used to harass and illtreat the deceased asking for dowry. According to the averments in the F.I.R immediately within few days of the marriage that is within a period of 6 days the deceased made a complaint to her parents of such illtreatment and harassment. On the fateful day i.e. on 28th September 2009 a telephone a call was made by the present applicant-brother of the husband of the deceased to the 2 complainant-father of the deceased, informing that deceased was found unconscious in the house. When the complainant reached hospital after intimation from his wife and other daughter that deceased had been removed to the hospital, he found that deceased had already died. 2 Reportedly, there are two post mortem reports in the present matter. One is conducted by Indira Gandhi Memorial Hospital at Bhiwandi and another one is at J.J.Hospital. The first P.M. report does no indicate any injuries on the person of the deceased. However, on the allegations of the ill treatment, harassment and assault meted out to the deceased at the hands of her in-laws and her husband, such allegations made by the complainant- father of the deceased, second P.M. report was conducted by a team of Doctors at J.J.Hospital which shows that there were some injuries like abrasions on the head of the deceased and which were not mentioned in the first P.M.report. 3 Though above are the facts which are spelt out from the P.M.reports, it is factual position that the C.A. report is negative in so far as administration of any poison is concerned and as such it appears to be a case of assault leading to death of young woman. All the same considering the allegations in the F.I.R., only because the present applicant was at home at the time of incident on 28th September 2009, he has been implicated in the offence. All the same, considering the fact that he is behind the bar for 11 months and considering that the investigation is already over, it would be proper if the present application can be allowed on certain conditions. Hence, order. 3 ORDER i) Criminal Application no.1933 of 2010 is allowed. the applicant Yusufsaheb Kasamsahab Shaikh to be released on bail on executing a P.R.Bond in the sum of Rs.15,000/- (Fifteen thousand only) with one surety in the like amount. On availing bail the applicant shall not tamper with any of the prosecution witnesses. JUDGE