1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 205 OF 2010 Shri. Ganpat Undaru Sapat. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.R.D.Suryawanshi for the Applicant. Shri. Y.S.Shinde, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 3/5/2010 PC : 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.84/2009 registered by Murbad Police Station for the alleged offences under Sections 302 and 201 of the I.P.C. The deceased is the wife of the present applicant by name Kamlabai. She was allegedly killed by the present applicant four months prior to his making an extra judicial confession to several people on 18.6.2009. There are several witnesses to the making of the extra judicial confession. Crime was registered by one 2 such witness who is Balu Gharat. The applicant was immediately arrested on the same day on 18.6.2009 and at his behest, the place where he has buried his wife was discovered. The Advocate for the applicant however, brings to my notice the nature of the extra judicial confession. The applicant has stated in the statement that he went to his field and his wife had followed him. However, she has not brought water and therefore, he slapped her. As a result of slapping she died. In my view, if the confession as stated aforesaid is accepted as a whole then there is a possibility that offence may ultimately be one under Section 304 (Part-2) of the I.P.C. It will all depend upon the nature of the evidence which emerges. However, considering these facts, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in pursuance of C.R. No.84/2009 registered by Murbad Police Station, the applicant may be released on bail in sum of Rs.15,000/- with one surety in the like amount subject to the 3 condition that he will report to the Investigating Officer once in a fortnight on every first and third Monday s between 11.00 a.m. and 5.00p.m.till the disposal of his trial and will not tamper with prosecution witnesses and remain present on all the dates of his trial. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)