{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3064 OF 2010 Vijay Ramchandra Gadakh APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.S.More, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th August 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.119/2010 registered with Rahuri police station, Dist-Ahmednagar for an offence punishable u/s 498-A, 306 r/w 34 of the Indian Penal Code, as the applicant is in jail since 18.04.2010 and after completion of investigation charge sheet has been filed on 14.07.2010 before JMFC. Ahmednagar. 2. Heard learned counsel for the applicant and learned APP. 3. Admittedly, the applicant is the husband of deceased Archana and father of deceased Shreya. It is not disputed that {2} Archana had married with applicant on 16.01.2005. Papers of investigation indicate that in the night of 11th April 2010, Archana and her daughter Shreya, sustained burn injuries and hence they were admitted in Navodaya Hospital at Rahuri. It further appears that on 12th April 2010 statement of Archana was recorded in the hospital. In the said statement Archana had disclosed that she sustained burn injuries while she was preparing food during night hours. It further appears that Archana expired on 13.04.2010 at about 10.00 a.m. whereas small kid Shreya expired on 15.04.2010. It appears that on 18 th April 2010, mother of the victim lodged the complaint on the basis of which the present offence came to be registered and the applicant came to be arrested. It appears that after completion of investigation charge sheet has been filed on 14.07.2010. 4. Learned APP has asserted that the statement of the victim, recorded on 12 th April 2010 in the Hospital after her admission, do not corroborate with the recitals of spot Panchanama. However, fact remains that it is nobody’s case that the applicant has set the victim on fire and in that process the minor child also sustained burn injuries and later on succumbed to the same. On the contrary, considering the statements of the witnesses and allegations in the complaint, it is the case of suicide by the victim Archana. Now, only point requires for consideration of this Court is that whether the allegations of illegal demand by the applicant from the victim found any basis or not. On plain reading {3} of the complaint as well as the papers of investigation, it is clear that the investigation is conspicuously silent on this issue. Hence, now question remains as to whether there are allegations in respect of instigation at the hands of applicant which has compelled the victim to commit suicide. Bare perusal of the complaint as well as papers of investigation disclose that there are allegations against the applicant that he was having extra marital affair with his colleague and on that count quarrel used to take place between the victim and the applicant. However, soon before the incident there are no allegations that the applicant has instigated the victim to commit suicide. Considering the overall effect of the matter and in view of the fact that now the investigation is over and charge sheet has been filed, there is no propriety in detaining the applicant behind the bars for uncertain period that too when there is huge pendecny of matters before the trial court. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount, if not required in any other offence. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln3064-10