1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 128/2011 (Sanjay Lahanuji Dange .vs. State of Mah. through PSO PS Wardha, Dist. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Manohar, Advocate for Applicant. Mr. J.B. Jaiswal, APP for respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 18, 2011 Heard. The learned counsel for the applicant has pressed the prayer for bail made by the applicant charge sheeted by Wardha Police Station as a result of investigation of Crime No. 337/2010 for offence under Section 307 of IPC on the count that material in the charge sheet considered in proper perspective prima facie supports contention of the applicant of being falsely implicated in said case and secondly even acceptance of said material as it is, also fails to make out commission of the offence punishable with imprisonment for life. The application is opposed by the learned APP on the count of the involvement of the applicant in an incident in question being borne from the matters 2 stated in report lodged by victim Sanjivani wife of applicant and corroboration to the occurrence of such incident being found in the statement of four witnesses from the neighbourhood who had seen applicant along with victim wife returning to home prior to incident and/or both of them leaving the same after incident, with wife having burn injuries on her person. It is urged that seizure of burnt pieces of saree and saree from house of applicant also supports prosecution tale. The perusal of the material in the charge sheet does not reveal any opinion has been obtained by the investigating agency regarding effect of 30 % burn injuries sustained by the deceased i.e. whether the same were sufficient in ordinary course of nature to cause her death or otherwise. Similarly the matters stated in the FIR and particularly the claim of the victim that the applicant had forcibly taken her to home prima facie appears to be out of the tune of the probability factor after considering the same alone and so also in light of the matters stated in the statement of four witnesses from the neighbourhood to which the attention was invited by the learned counsel i.e. the same not denoting the victim being taken to the said house by the applicant by force or after the incident alone having not rushed out of the said house or having left the said house with her clothes remaining at the spot i.e. the one said to have been seized from the house of the applicant and on the contrary same denoting victim along with applicant had been to home and both together had come out of home. The said facets considered on the backdrop of 3 the absence of any material in the charge sheet directly leading to the conclusion that the applicant was aware of the victim on the relevant day coming to Bahujan Nagar from the place of her mother at which she was residing for last two months for the meeting of Bachat Gat also justifies submission canvassed of the same prima facie signifying possibility of false application and/or at least the applicant not entertaining the intention to commit the murder of his wife during the incident said to have occurred probably upon the spur of moment. In the premises aforesaid and particularly having due regard to such character of prosecution material, the prayer for bail made by the applicant deserves consideration as prima facie it is difficult to believe that his involvement is borne in the commission of offences which are exclusively punishable with imprisonment for life. However, having due regard to the strained relations between the applicant and the victim, it will be necessary to impose proper conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.25,000/- with one surety in like amount and subject to the conditions that applicant - (i) after his release on bail, shall not stay within the local limits of Sawangi (Meghe) and shall intimate his place of abode to the investigating officer and shall also attend the said local Police Station within whose jurisdiction he would be staying on every Monday for a period of three months and thereafter on first Monday of every month until further orders and shall not change 4 the same without the permission of the trial Court; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. Nothing in this order should be construed as an opinion expressed by the court regarding the merits of the prosecution case as all the observations are made primarily for deciding prayer for bail made. The application stands disposed of. JUDGE halwai