( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2166 OF 2009 IN CRIMINAL APPEAL NO. 305 OF 2009 Sandip Madhukar Shinde, R/o Loyed Bishop Colony, Savedi, Tq. & District Ahmednagar. APPLICANT VERSUS The State of Maharashtra RESPONDENT ..... Mr. B.N. Palve, advocate for the applicant. Mrs. R.D. Reddy, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th July, 2009] PER COURT : 1. This is an application for bail. 2. The applicant is husband of deceased Nalini. The applicant alongwith four (4) other accused including his parents, was prosecuted before the learned ( 2 ) Additional Sessions Judge, Ahmednagar, in Sessions Case No. 185/2007 for offences punishable under section 498A and 306 read with section 34 of the I.P. Code. The learned Sessions Judge has convicted the applicant/appellant for offences punishable under section 498A and 306 of the I.P. Code and sentenced him to undergo simple imprisonment for three (3) years and to pay a fine of Rs. 5000/-, in default to suffer further simple imprisonment for one (1) year on first count and rigorous imprisonment for ten (10) years and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for one (1) year on the second count. 3. Heard learned counsel for the applicant and learned APP for the State. 4. The incident regarding self-hanging and suicide of deceased Nalini occurred in the residential house of her parents on 18th August, 2006. The case of the prosecution is that deceased Nalini was being subjected to matrimonial cruelty by the applicant/appellant and his relatives on account of failure to fulfill demand of Rs. 80,000/-. The applicant used to harass her. He informed her that he was not intending to marry her and was in love with some other woman, but due to insistence of the parents, he had to marry her (Nalini). 5. The deceased – Nalini was a staff nurse. The ( 3 ) learned Sessions Judge seems to have given much importance to writing in a note-book (Exh-35). The recitals of the note-book prima facie show that she was being troubled. Clinching question is whether there was immediate and real nexus between her suicide and the alleged harassment or trouble. As stated before, she was a staff nurse and was not ordinary rustic house wife. There was no particular incident of physical violance or any kind of cruelty as on 18th August, 2006. The learned Sessions Judge seems to have awarded rather harsh sentence to the applicant/appellant for the reasons that the matrimonial cruelty alleged against him is reflected from hand-written note-book of deceased Nalini. It appears that other mitigating factors like age of the applicant, the fact that Nalini committed suicide in the house of her parents, the fact that there was a time-gap between the alleged matrimonial cruelty and the incident of self-hanging, the fact that deceased Nalini was apparently disappointed and dejected when her father-in- law refused to talk to her on telephone and like circumstances are not considered as mitigating circumstances while awarding the sentence. This being the prima facie fact situation, I am inclined to hold that the applicant is entitled to seek liberty. He was on bail during the trial. He has not misused the bail. The appeal is likely to come up for final hearing after a considerable time and, therefore, it may not be appropriate to deprive the applicant of liberty. He is not a harden criminal as such. ( 4 ) In this view of the matter, the application is allowed. The applicant – Sandip Madhukar Shinde – is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety before the learned Sessions Judge within period of four (4) weeks. The learned Sessions Judge may issue the release order if the bail bonds are furnished. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN2166-09