IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1421/2008 Shri Datta Kisan Bhange ..vs.. State of =================================== CORAM: S.R. DONGAONKAR, J. DATE:2.6.2008 Heard Mr. Dhumale, Advocate for the applicant and Mr. Parihar, A.P.P. for state. This is an application under section 439 of Criminal Procedure Code for grant of bail, in respect of the offence u/s 304- B, 498-A, r/w 34 of I.P.C. and u/s 3 & 4 of the Dowry Prohibition Act. The wife of the applicant / accused had expired on 24.6.2007. According to the prosecution she died of unnatural death and because of the ill-treatment and harassment by the applicant – husband for the demand of dowry. It is contended by the learned counsel for the applicant that the deceased had suffered accidental fire and the applicant had himself lodged report to police station immediately after the incident upon which the A.D. was registered. Further according to him, applicant had himself informed parents of the deceased immediately after the incident. It is his further contention that the report lodged by father of the deceased was an afterthought and there was delay in lodging report, as the same was lodged on the next day of the incident at about 4.30 p.m. though the deceased had died at 2.00 p.m. on 24.6.2007 and the father had come to know of the incident on the same date. A letter is sent by the applicant through Jail authorities. It is informed that case is pending since long and the trial could not proceed because there is no Judge presiding in the said court. It is also informed that the trial may not commence immediately. He has also raised some other ground which do warrant bail. It is necessary to bear in mind that the report lodged by the father of the deceased was belated, for which ex-facie there is no explanation. Without entering into the merits of the case and also the defence, it is necessary to consider the fact that the earlier application of the applicant for grant of bail was allowed to be withdrawn on 8.1.2008 with liberty to file fresh if the trial does not begin within a period of 3 months from that date. Trial does not begin nor there is any possibility that it would begin in near future. In these circumstances, present application is allowed, however, subject to conditions. Applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. Application stands disposed of. Bail in trial court. JUDGE smp.