1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 63/2011 (Maruti Bapurao Pendor .vs. State of Mah. through PSO PS Maregaon, Distt. Yavatmal ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.P. Kariya, Advocate for Applicant. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 23, 2011 Heard. The applicant arrested by Maregaon Police Station in connection with Crime No.54/2010 registered with the said Police Station on 21.12.2010 for offence under Sections 306 and 498-A of the Indian Penal Code, in connection with suicide committed by one Bharti on 16.12.2010 by burning herself, has prayed for bail. The request is vehemently objected by the learned APPP on the ground of the involvement of the applicant being borne from the matters stated in the FIR and the statement of the witnesses namely mother, father,maternal uncle, maternal aunt, cousin maternal uncle and the neighbours. The same is also objected on the ground of the death of the deceased having occurred within seven years of the marriage. The perusal of the material in the diary reveals allegations of the applicant having subjected the deceased to the 2 cruelty has first time cropped up after period of about five days after occurrence of incident. The evidence regarding the same is in the nature of oral dying declarations allegedly made by deceased to the said persons. Having regard to such character of the prosecution material and the offence being not punishable with death and imprisonment for life, the prayer deserves to be considered by imposing strict conditions for ensuring the presence of the applicant for the purposes of trial. Hence the order. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- with two solvent sureties in like amount subject to the conditions that applicant - (i) shall attend the Maregaon Police Station in between 11.00 am and 2.00 pm on every Monday until further orders, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. (v) shall not enter within the precincts of Arjuni, tahsil Warora, district Chandrapur. The application stands disposed of. JUDGE halwai