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. 1121 OF 2008 CRIMINAL APPLICATION NO. 1121 OF 2008 CRIMINAL APPLICATION NO. 1121 OF 2008 IN IN IN CRIMINAL APPEAL NO. 651 OF 2008 CRIMINAL APPEAL NO. 651 OF 2008 CRIMINAL APPEAL NO. 651 OF 2008 Babasaheb Ashok Sanap ...Applicant vs. The State of Maharashtra ...Respondent Mr.K.J. Patil 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 22, 2008 DATED : OCTOBER 22, 2008 DATED : OCTOBER 22, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the state. 2. The applicant is convicted for the offence punishable under Section 304-B and sentenced to suffer RI for 7 years. The prosecution case is that the applicant had demanded dowry and the present applicant used to assault and threaten the deceased wife Varsha. It is the prosecution case that the deceased had made a complaint to her parents of the demand of dowry by the applicant and his family members and also told them they used to beat her. On 19th September, 2007, the - 2 - complainant was informed that his daughter was missing from the house of the accused. A missing report was filed on the same day and two days thereafter, the dead body of Varsha Rane was found in the well near the house of the accused. The applicant was arrested. The trial court acquitted the other accused and convicted the applicant and his parents. This court released the parents on bail. 3. Counsel for the applicant submitted that the story of dowry and ill-treatment by the applicant is concocted. He submitted that when the missing report was filed, the complainant was asked whether he has any complaint against any person and at that time, the complainant categorically stated that he has no complaint against any person. He submitted that certain improvements were made by the prosecution witness and a couple of days before the incident, one of the prosecution witnesses has admitted that the applicant and the deceased were happy and there was no quarrel between the husband and wife. He also invited my attention to the cross-examination of the neighbour of - 3 - the applicant herein wherein he has stated that the applicant was very much in love with his wife. It is submitted, therefore, that the applicant was entitled to be released on bail. 4. It is not possible to accept the submission made by the Counsel for the applicant. The trial Court has after going through the evidence of the complainant and other witnesses has held that the ill-treatment of the deceased by the applicant had been established. It is further stated that the deceased had committed suicide within four months after her marriage. Taking into consideration the ingredients of Section 304 and 498A, in my view, no case is made out for grant of bail. 5. The application, therefore, is dismissed. Liberty is, however, granted to the applicant to apply for bail in the event, the appeal is not heard within a reasonable period of time. 6. The application is disposed of. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)