1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2830 OF 2008 Dilip Babruvahan Giri .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.R.D.Suryawanshi for the applicant. Mr.H.J.Dediya A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 13TH OCTOBER, 2008. DATED : 13TH OCTOBER, 2008. DATED : 13TH OCTOBER, 2008. P.C.: . Heard Mr.Suryawanshi, learned counsel for the applicant and Mr.Dediya, learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-7 of 2007 of Badlapur police station. The said crime has been registered against the applicant for having committed an offence punishable under sections 302, 304(B) and 498(A) read with 34 of IPC. I have heard learned counsel for the applicant and perused the entire material placed before me including the FIR. It appears that the deceased died during the intervening night of 17.1.2007 and 18.1.2007. This is a case of circumstantial evidence. The circumstances prima facie show involvement of the applicant. The applicant and the deceased were husband and wife and 2 2 2 they were sleeping in the same room where the deceased allegedly died. In the morning she was shifted to the hospital where she was declared dead. There is absolutely no explanation forthcoming from the applicant as to how she died and this assumes importance because they both were in the bedroom at the relevant time. The deceased died due asphyxia due to strangulation. All the circumstances connect the applicant with the alleged offence. In the circumstances the application is rejected. 3. Considering that the applicant is in custody since last more than one and half years the trial Court shall endeavour to dispose of the trial as expeditiously as possible and preferrably within eight months from the date of receipt of this order. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in the order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)