1 Crim.Appln. No.697/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 697 OF 2010 IN CRIMINAL APPEAL NO. 408 OF 2010 Sanjay Tukaram Tonde ...Applicant vs. The State of Maharashtra ...Respondent Mr.V.G. Peshave for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 23, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Section 306 of the IPC and sentenced to suffer RI for 5 years and to pay a fine of Rs.3000/- and in default, to suffer RI for three months. He is also convicted for the offence 2 Crim.Appln. No.697/2010 punishable under Section 498A of the IPC and sentenced to suffer RI for three years. Both the sentences are directed to run concurrently. 3 Prosecution case is that as a result of physical and mental cruelty, the wife and sister-in- law of the accused committed suicide by consuming poison. 4 Counsel for the applicant submitted that his wife Vaishali was suffering from AIDS and was taking treatment since 2006. It is further submitted that it has come on record that both the sisters were trying to procure a room for the purpose of staying separately from the accused. It is submitted that under these circumstances, either on account of unavailability of the room or on account of ailment of Vaishali, they may have committed suicide. 5 I have perused the impugned judgment and 3 Crim.Appln. No.697/2010 order and also the statements of the witnesses. It is no doubt true that the brother and other close relatives of the deceased Vaishali have stated that the applicant used to abuse and assault his wife Vaishali and also her sister Nalini. However, that evidence by itself may not be sufficient for the purpose of coming to the conclusion that he had abetted the suicide of the deceased Nalini and Vaishali. Under these circumstances, therefore, the applicant deserves to be released on bail. 6 The applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to the concerned police station once in a month. 7 Application is disposed of. (V.M. KANADE, J.)