BA-640-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.640 OF 2011 Dattatray Shankar Patil ... Applicant V/s. State of Maharashtra, Thru’ Virar Police Station, Dist. Thane ... Respondent Mr. H.S. Venegavkar for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 11 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. On 5th February, 2010, Smt. Mangala - wife of the Applicant - and the Applicant's 5 years old son - Omkar - died an unnatural death. According to the Applicant, Mangala committed suicide by hanging herself and before that she had killed Omkar. Father of Mangala - one Maruti Warekar - however, thought that the Applicant had murdered Mangala as well as Omkar. He, therefore, lodged a report with the Police alleging that Mangala was being treated with cruelty by the Applicant, and that he has committed murder of Mangala as well as Omkar. 4. According to the First Informant, the Applicant used to suspect the character of deceased Mangala and even used to think that Omkar was not his child. BA-640-11.sxw 2 Dixit 5. At this stage, it cannot be doubted that Mangala and Omkar have died an unnatural death due to asphyxia. Omkar appears to have died due to throttling and Mangala appears to have died due to strangulation. 6. The marriage between the Applicant and Mangala had taken place in the year 1997. Undoubtedly, since both of them were found murdered in the house of the Applicant, suspicion would arise against the Applicant. 7. The fact, however, remains that except the suspicion, as expressed by the First Informant, there is nothing else against the Applicant. The Investigating Agency could not find out anything to show any motive behind the alleged offences. Undoubtedly, it is stated that the Applicant used to ill-treat the said Mangala, but this ill-treatment, which appears to be going on since several years, cannot be arbitrarily held to be a factor which led the Applicant to allegedly commit murder of Mangala and Omkar on one fine day. There is nothing to indicate that immediately before 5th February, 2010, something had happened, which motivated the Applicant to commit the said murders. 8. The Applicant's version that Mangala committed suicide and before that she killed the son cannot be said to be an improbable one. 9. It is only on the basis of the allegation made by the First Informant, that the Applicant is accused of having committed murders. The First Informant has no knowledge as regards the fact, but it is only his feeling, in all probability, generated by the sorrow felt by him, but has insufficient objective basis. BA-640-11.sxw 3 Dixit 10. Considering all the relevant aspects of the matter and the fact that the Applicant is in custody since February, 2010, and that the trial has not even commenced, I am inclined to release the Applicant on bail. I am also inclined to direct the trial Court to expedite the trial. 11. The Bail Application is allowed. 12. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties in the sum of Rs.25,000/- each. 13. The trial Court is directed to expedite the trial and endeavour to complete it within a period of one year from today. [A.M. THIPSAY, J.]