1 Cri-A-5565-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5565 OF 2010 Mr. Bhaginath Gangadhar Nyaharkar ... Applicant (Orig. accused No.2) Vs. State of Maharashtra ... Respondent (Orig.complainant) Mr. Dilip Bodake, Advocate, for the applicant. Mrs. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 28th January, 2011. P.C. 1. Heard. 2. The applicant seeks to be released on bail in Crime No.43/2009 registered at Chandwad Police Station, District Nashik, for the offence under Sections 302, 201 read with Section 34 of IPC. 3. As per the prosecution case, deceased Suvarna was married to accused No.1 - Sukdev on 30.6.2006. She was treated well till child was born. On 31.3.2009, her dead body was found in a well. There were certain ligature marks around the neck and other injuries. Therefore, dead body was referred for 2 Cri-A-5565-10.sxw post-mortem examination. The post-mortem report reveals that besides the ligature marks on the neck, there were five other injuries. Death was caused due to asphyxia due to ligature constriction around the neck. From these papers, it appears that she was murdered and then her dead body was thrown in the well. The report was lodged by mother on 1.4.2009 and on the basis of that, the offence was registered against the husband, father-in-law and mother-in-law. The present applicant is father-in-law. From the FIR, it appears that her husband, father-in-law and mother-in-law used to harass her on the ground that she would not cover her head or would smile on looking others. No other role is attributed to father-in- law from the circumstances. Even though she was murdered and then dead body was thrown in the well, there is nothing on record to presume that the death was caused by father-in-law. 4. Therefore, the applicant be released on his executing P.R. of Rs. 15,000/- with one surety in the like amount with condition that he shall not tamper with prosecution evidence. (J.H.BHATIA,J.)