1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4976 OF 2009 1. Tukaram Gopal Waghchaure 2. Laxmibai Tukaram Waghchaure 3. Savita Kisan @ Balu Waghchaure 4. Vishnu Tukaram Waghchaure 5. Kavita Vishnu Waghchaure ..... Applicants. V/s The State of Maharashtra ..... Respondent. Mr. S.V. Kotwal for the applicants. Mrs. P.P. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 30TH NOVEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under sections 302, 201 read with section 34 of the Indian Penal Code which is registered vide C.R. No.1-68/2009 with Yeola Taluka Police Station. 3. It is alleged that one Kisan was found hanging in his house. Mother of Kisan raised shouts and called neighbours. On hearing the shouts of applicant No.2, her neighbour Dilip 2 went to the place and saw that Kisan was hanging from the ceiling of the house. With the help of others, his dead body was brought down and it was kept on the floor. Postmortem report is performed. The deceased, admittedly, was being treated by one Dr Premchand Jain and the deceased was suffering from Schizophrenia. A complaint was registered by Police Constable Mr. Jadhav and it was alleged in the said complaint that the present applicants viz applicant No.1 – Tukaram , father of the deceased who is 73 years old, applicant No.2 – Laxmibai, mother of the deceased, who is 65 years old, applicant No. 3 – Savita, wife of the deceased who is 21 years old, applicant No.4 – Vishnu, brother of the deceased, who is 28 years old and applicant No.5 – Kavita, wife of applicant No.4, who is 21 years old, committed murder of the deceased and had made an attempt to show that he had committed suicide. Postmortem Notes indicate that the cause of death was Cardiorespiratory failure due to Asphyxia due to strangulation. Sessions Court rejected the application for bail. Applicants are in jail since 03/07/2009. 4. In my view, this is a fit case for granting bail. From the opinion of doctor who performed postmortem, it is apparent that the cause of death is Cardiorespiratory failure due to Asphyxia due to strangulation. This is possible in case of person who commits suicide by hanging himself. The injuries which are shown in the Postmortem Notes in column 17 also clearly indicate that the said injuries are possible in the event of a person committing suicide by hanging. The 3 Investigating Officer only on the basis of cause of death given by the Medical Officer has come to the conclusion that the deceased was killed by throttling and, thereafter, his body was hanged to the ceiling in order to make an attempt to show as if it was a suicide. There is no other material to indicate that applicants had first throttled the deceased and had then hanged him to the ceiling. There is also no other material or evidence to show that the applicants who are parents, brother, sister-in-law and wife of the applicant would commit such a heinous offence. Charge-sheet has been filed. 5. Applicants be released on bail in C.R. No.I-68 of 2009 registered with Yeola Taluka Police Station in the sum of Rs 5000/- each with one or two sureties in the like amount each. They shall report to the concerned Police Station on 25th day of each month at 11.00 A.M. 6. Application is disposed of. (V.M. KANADE, J.)