IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.75 OF 2008 IN CRIMINAL APPEAL NO.66 OF 2008 Mr.Umakant Govind Tavare ...Applicant (Ori.Accused) Versus State of Maharashtra & Ors. ...Respondents ...... Mr.M.S.Mohite for Applicant. Mr.Y.S.Shinde, A.P.P. for Respondent No.1. Mr.R.R.Mahagaonkar for Respondents 2 & 3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2008. APRIL 3, 2008. APRIL 3, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. Even though the offence for which the Applicant has been found to be guilty by the lower Court is a serious offence, under Section 306 and 498-A of the Indian Penal Code, however, the lower Court, having discarded the prosecution theory that the Applicant had an affair with his sister’s : 2 : daughter Meghana, the only other allegation against the Applicant which remains in the field is that the relationship between the Applicant and the deceased was not compatible. There is no allegation that the Applicant committed physical cruelty or demanded any dowry as such. The only other evidence that has been taken into account by the lower Court to indicate the complicity of the Applicant are the two letters (Exhibits 35 and 36) sent by deceased. 3. For the time being, suffice it to observe that the Applicant has made out prima facie case and in all probability, may persuade the Court to record finding of acquittal in his favour on the basis of such evidence. Besides, the Applicant was on bail during the trial. Taking overall view of the matter, the Applicant is granted bail on the following conditions: (a) The Applicant Umakant Govind Tavare is directed to be released on bail in connection with offence in Sessions Case No.20 of 2003, if not required in any : 3 : other case, on executing bail bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one or two local sureties each in the like amount. (b) The Applicant shall report to Aundh Police Station once in a month, on 1st Monday of every English Calender Month till further orders to be passed by this Court and/or disposal of the Appeal. (c) The Applicants shall inform his latest place of residence immediately after being released and/or change of residence, if any, from time to time, to the Aundh Police Station. (d) The Applicant shall deposit passport, if any, with the Investigating Officer of the Aundh Police Station to be retained by the Investigating Officer till further order to be passed by this Court. . Application disposed of accordingly. : 4 : A.M.KHANWILKAR, J.