1 BA-1333.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1333 OF 2011 {For Bail} Sukdev Bhaginath Nyaharkar .... Applicant Vs. The State of Maharashtra .... Respondent Ms Neelam Bakhsi for the Applicant. Shri J.P. Kharge, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 20, 2011 P.C: This is an application for bail by the husband who has been charge-sheeted for the murder of his wife. The learned counsel for the applicant submits that the victim died of accidental fall in a well which had three feet of water. She states that the mark of strangulation on the neck of the victim came because the victim must have fallen on some sort of aluminium wire by which an electric water pump was placed in the well and therefore, according to her, this is an accidental death which has been given the colour of murder. First, there was a report 2 BA-1333.11 about accidental fall in the well. But the post-mortem notes show absence of any water in the lungs. This is natural because the well had only three feet of water. It is curious that the notes of post-mortem examination show no serious injury like fracture, etc., of on the limbs. There are only small abrasions. The well is 64-feet deep. If a person falls, if there could be ligature mark on the neck because of coming in contact with the aluminium wire, there could also be other injuries. The Medical Officer has observed that there is a ligature mark present over the neck at the level of thyroid cartilage which was seen extending from the left anterior border of some muscle running traversely over the nape of the neck 3 cms below and 4 cms below the ear lobules. Thus the compression was complete and not only on the front part of the neck, as the learned counsel would want to make out. Considering this, it is clear that the victim was first murdered and then her body was thrown into the well to show that she had accidentally met with death. No case for grant of bail is made out. The application is, therefore, rejected. (R.C. CHAVAN, J.)