1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.72 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R. Borkar, J. Date : February 17, 2010 1. Heard Shri S.M. Godsay, learned Advocate for the applicant and Shri K.M. Suryawanshi learned A.P.P. for the respondent. 2. The applicant seeks suspension of substantive sentence and release on bail during pendency of the appeal. The appellant is convicted of the offences punishable under Section 498-A and 306 of I.P.C. For offence under Section 498-A, appellant is sentenced to suffer rigorous imprisonment for one year and pay fine of Rs.200 and for offence under Section 306 of I.P.C., he is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.500/=. 2 3. The appellant is brother-in-law of deceased Archana. It is alleged that since beginning the applicant had evil eye on Archana and on the date of incident, he abused and beat her with hands and being enraged, Archana set her self on fire. There are two dying declarations at Exhibits 40 and 41 recorded by the police and the Executive Magistrate. 4. It does not appear that prior to the date of incident, the appellant had done any untoward act to Archana. So, considering the statements and the dying declarations, in my opinion, it will have to be seen whether the abuses and beating by appellant to Archana was sufficient for her to commit suicide, or whether it was an act committed by her due to over sensitiveness or emotion. 5. In the circumstances, application allowed. It is directed that pending consideration of appeal, execution of 3 substantive sentence shall stand suspended on appellant furnishing bail of Rs.20,000/= with one surety in the like amount. Bail before trial court. Application disposed of. Date: 17/02/2010 (P.R.BORKAR, J.) pnd/ criap72.10