1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B.A.) NO. 277 OF 2011. Mohammad Riyaz Khan s/o Umar Khan. .Vrs. State of Maharashtra thr, P.S.O. Rajura, District Chandrapur. --------------------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. R. M. Daga, Advocate for applicant. Mr. D. B. Patel, A.P.P. for the State) CORAM : M. N. GILANI, J. DATED : 03.08.2011. Applicant has been chargesheeted before the Sessions Court at Chandrapur, being Sessions Trial No. 89 of 2010, for the offence punishable under Sections 498-A, 304-B and 302 of the Indian Penal Code. 2. Deceased Samiunnisa married the applicant on 20 th May, 2004. Out of this wedlock they have two issues. The applicant works in 2 Ambuja Cement Factory, Rajura and stays in the accommodation provided by the employer. 3. Incident occurred on 07/06/2010. The applicant and the deceased were in the house. At about 12.30 noon, the applicant rushed to the house of neighbour and informed him that his wife was committing suicide. When neighbour Mr. Ram Pravesh rushed to the house of the applicant he found the applicant sitting in the bed room and the head of the deceased was in his lap. His younger daughter was crying in the cradle, whereas elder son was sleeping in the bed room. The applicant was enquiring about ambulance. The other neighbours also gathered. The deceased was carried in a ambulance to the clinic run by the factory. The Medical Officer, Dr. Umate examined the deceased. He found the contusion mark around the neck. At the same time he found the 3 deceased in a very very poor condition that means her pulse rate was feeble, respiration was very poor. He administered some injections and referred her to Rural Hospital, Rajura. While on the way to the Rural Hospital, Rajura, she died. Post mortem notes reveal that the cause of death was asphyxia due to strangulation. No other injury was found on the body. 4. When Police visited the house, they found scarf (Odhni) tied to ceiling fan and other end hanging below. 5. On perusal of the statements of the witnesses it appears that, the dispute arose on 04/06/2010 when the marriage of the younger sister of deceased was performed. This marriage was attended by the applicant as well as the deceased. The applicant noticed that more dowry was given to the husband of younger sister hence 4 he was annoyed. The other circumstance is regarding contradictory message received by the brother of the deceased. According to brother-in- law of applicant Mr. Mohammad Sabir s/o Mohammad Dastagir, applicant had told him that the deceased had consumed poison, which was in fact not true. 6. On perusal of the statements of the neighbours, namely Mr. Ram Pravesh Thakur, Mr. Vasant Kumar, Mr. Pravin Paal, Puja Singh and other material collected during course of investigation, following facts emerge which according to me are relevant and weigh with me in releasing the applicant on bail. I. conduct of the accused in rushing to the neighbours and complaining them that his wife was committing suicide. II. his conduct in enquiring about the 5 ambulance. III.neighbours noticed the accused sitting in the bed room with the a head of the deceased in his lap. The accused was seen crying and enquiring about ambulance. IV.when carried to the clinic Dr. Umate finding the deceased alive but in a very very poor and feeble condition. He administering drugs and referring the deceased to the Rural Hospital, Rajura. Deceased breathing last on way to the Rural Hospital, Rajura. V. The Police finding the scarf tied to the ceiling fan. 7. I am thus inclined to grant bail to the applicant. 8. The applicant is directed to be released on bail on his furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with two sureties in the 6 like amount to the satisfaction of the Sessions Judge, Chandrapur, with the condition that the applicant in any circumstance shall not contact any of the prosecution witnesses till trial is over. 9. The learned Sessions Judge, Chandrapur shall make endeavour to dispose of the Sessions Trial No.89 of 2010 as expeditiously as possible and in any event within four months from the date of this order. JUDGE Deshmukh.