IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 438 OF 2008 CRIMINAL APPLICATION NO. 438 OF 2008 CRIMINAL APPLICATION NO. 438 OF 2008 IN IN IN CRIMINAL APPEAL NO. 329 OF 2008 CRIMINAL APPEAL NO. 329 OF 2008 CRIMINAL APPEAL NO. 329 OF 2008 Shri Arun Tryambak Shinde ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.S.K. Shinde for Mr.Sagar Kesr for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 23, 2008 DATED : OCTOBER 23, 2008 DATED : OCTOBER 23, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 498-A read with 306 of the IPC. 3. Prosecution case is that the applicant and his father used to demand dowry from his wife and he also used to suspect the paternity of the child. The deceased wife of the applicant committed suicide by jumping into the well alongwith her one and half year old son. - 2 - 4. Counsel for the applicant pointed out that the father of the deceased has made several improvements in this case, firstly, regarding the demand of dowry and secondly, regarding the allegations made by the applicant about the paternity of the child. He submitted that the applicant is well-placed and there was no occasion for the applicant to demand money for the purpose of purchasing a motorcycle. He submitted that the defence has examined 10 witnesses. He submitted that the defence also had examined one Psychiatrist who had deposed that though the deceased was not physically examined by her, she had issued a medical prescription. He further submitted that the applicant was taking care of his child and was giving him regular treatment of doctor. He submitted that therefore, taking into consideration the improvements made by the prosecution in their case and other material on record, the applicant be released on bail. He submitted that the applicant has a fixed place of residence and he is not likely to abscond. He submitted that all the other accused have been released on bail. - 3 - 5. The learned APP, however, appearing on behalf of the State has vehemently opposed the said application. He invited my attention to the statements of the witnesses and submitted that the applicant had not kept his wife with him but she was staying with her father-in-law. He submitted that the theory of the deceased being Schizophrenic was not accepted by the trial court. He invited my attention to the finding given by the trial on this aspect. 6. Though the theory of the deceased being Schizophrenic has not been established, it has come on record that the applicant already had three motorcycles and was sufficiently well-placed and therefore, had no occasion to demand one more motorcycle as alleged by the prosecution. The father of the deceased has made number of improvements in his statements. Since the case is at the stage of grant of bail, it has to be seen whether the applicant is likely to abscond or not and whether, prima facie case is made out by the applicant. The appeal is not likely to be heard for quite sometime. - 4 - The applicant has a reasonable chance in succeeding in this appeal. Under these circumstances, therefore, in my view, the applicant has made out a case for grant of bail. 7. The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant, however, shall report to Niphad Police Station once in a month. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)