[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1749 OF 2008 Vijay Ramkrishna More ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Shirish Gupte Senior Counsel with Mrs.Racheeta Dhuru Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-71 of 2008 of Panvel City Police Station. The said case is mainly under Section 306 of IPC. 3. It is the prosecution case that the applicant who is husband of deceased Shila, used to harass and illtreat her on various counts. On account of all the harassment, the wife of the applicant committed suicide. The statements of witnesses [-2-] speak about the illtreatment and harassment. Besides this, the deceased left behind a suicide note. In the said suicide note, she has clearly stated that her husband used to beat her like cattle. She has also stated that when her parents gave gold ring of 5 gms. to the applicant, he did not speak to her for 4 to 5 days. When she asked him for ornament of one gram gold, at that time, the applicant told her that she should go and get a second husband. The suicide note clearly says that the applicant was beating his wife mercilessly on may occasions. Being fed up on account of conduct of her husband, Shila the wife of applicant, committed suicide. 4. The learned counsel for the applicant placed reliance on the decision of the Supreme Court in the case of Sohan Raj Sharma V. State of Haryana, report in 2008 AIR SCW 3202. Reliance is placed on para nos. 7, 8, 10 and 11 of the said judgment. It was held therein that the fact that the husband treated deceased-wife with cruelty, is not enough. but there must be proof of direct or indirect acts of incitement to the commission of suicide. Looking to the facts of the present case, the acts [-3-] of the applicant were such as to incite his wife to commit suicide. Hence, the said decision would not apply to the facts of the present case. 5. In view of the above, I do not think that this is a fit case to grant bail to the applicant. 6. Application is rejected and disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]