BA-654-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.654 OF 2011 Dawood Gaffar Shaikh ... Applicant V/s. State of Maharashtra, Thru' Akluj Police Station, Dist. Solapur ... Respondent Mr. Surel S. Shah for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 23 RD JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. A copy of the Charge Sheet is tendered by the learned Advocate for the Applicant, which is taken on record. 3. Tabassum @ Aresha, wife of the Applicant, committed suicide on 22nd January, 2011 by consuming some poisonous substance. On the next day, father of the said Tabassum lodged a report with the Police alleging commission of offences punishable under Sections 498A IPC, 304(b) IPC, 306 IPC, read with Section 34 of the IPC, by the Applicant and his mother. The Applicant as well as his mother were arrested. The mother has been released on bail, but the Applicant continues to be in custody. BA-654-11.sxw 2 Dixit 4. Mr. Shah, the learned Advocate for the Applicant, submits that the Applicant is in custody since last six months. Since the investigation is over and Charge Sheet has been filed, he submits that the Applicant be released on bail. 5. Undoubtedly, there exists a prima facie case against the Applicant. However, the case is of suicide. It is nobody's case that the death of Tabassum @ Aresha was homicidal. 6. Once the principle that bail is not to be refused as if punishment before the trial is imposed is accepted, I do not find any reason to refuse to release the Applicant on bail. Considering the period in custody already spent by the Applicant and the fact that the trial has not yet commenced, I am inclined to release him on bail. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in like amount, or two sureties in the sum of Rs.15,000/-. 9. The trial Court is directed to expedite the trial and dispose it of within a period of one year from today. [A.M. THIPSAY, J.]