jpc ba664-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 664 OF 2011 Anthony Manohar Lakhe ... Applicant Versus The State of Maharashtra ... Respondent Ms. Anjali Patil i/by Mr. P. L. Sapkale for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 7th July, 2011. P.C. : 1. Heard Ms. Patil, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. I have gone through the copy of the FIR and the other annexures to the bail application. 3. Wife of the applicant- Mrs. Usha- committed suicide on 6th December, 2010 by hanging herself. Usha's father, on 10/12/2010, lodged a report with the police alleging that the applicant and his relatives were treating Usha with cruelty, ever since her marriage and that Usha committed suicide because of the cruel treatment given to her by the applicant and other accused. 4. The applicant and three others are accused of having committed the offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code. The others have been granted bail. jpc ba664-11.sxw 2 The applicant, however, was denied bail. 5. The learned APP submits that the allegations against the other accused were general but with respect of the applicant there is a reference to the incident dated 4/12/2010 which was immediately before the suicide. According to her, therefore, the responsibility of the applicant in the suicide, ought to be held as more. Though there is some substance in this contention, the fact remains that no suicide note was left by Usha and, therefore, what was exactly led her to end her life is not clear. 6. I do not see any distinction in the case of the applicant and other accused for the purpose of bail. Even other wise, the present applicant is in custody since 10th December, 2010. In any case, this is not a case where it would be necessary to detain the applicant in custody till the trial is over. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 25,000/-(Rupees twenty five thousand only) with one surety in like amount or two sureties in the sum of Rs. 12,500/- each. (A.M. THIPSAY, J.)