1 APPA 822/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.822 OF 2011 IN APPEAL NO.526 OF 2011 Anil Mahankali Pujari : Applicant. and anr. (Org.Accused Nos.2&3) versus The State of Maharashtra : Respondent. Mr. Kedar Patil for the Applicant. Mr. D P Adsule, APP for the State. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 19TH JULY 2011 P.C. 1 Heard. 2 The applicants are life convicts. Deceased Shobha was the daughter in law of the applicant. Son of the applicants namely Kiran was married to deceased on 27/04/2009. On 23/3/2010 the deceased was found dead. She was pregnant of 26 weeks. 3 The learned counsel for the applicants submits that the applicants were not present in the house when the incident took place. They are agriculturists and they had gone to field for work. Their relations with deceased were cordial. The applicants were on bail during trial. 2 APPA 822/11 4 The learned APP for the State submits that there is a strong prima facie case against the applicants. There is no explanation on the part of the applicants in respect of the circumstances resulting in death of deceased. 5 We have perused the record placed before us. We have also perused the findings recorded by the trial court for the purpose of this bail application. Son of the applicants Kiran, who was convicted along with the applicants by the trial court, has not preferred application for bail, though he has filed appeal against his conviction. Son of the applicants Kiran had filed written statement under Section 313 of the Criminal Procedure Code in the trial court. It is noticed that Kiran ­ accused No.1 was employed in industries having salary of Rs.5000/­ per month. He used to get one hour lunch break. 6 Considering the submissions advanced and the record placed before us, we are of the view that the applicants could be released on bail on certain conditions. The trial court in Para 41 of the judgment observed that the third circumstance is that accused No.1 Kiran Pujari had attended his duties as usual in the morning and come out of his work place in the after noon on the pretext of taking lunch. 3 APPA 822/11 7 Considering the facts and circumstances of the case, we allow this application. Order of sentence passed against the applicants is suspended. The Applicants i.e. Anil Mahankali Pujari and Sushila Anil Pujari are released on bail on executing personal bonds of Rs.20,000/­ each with one surety each in the like amount. The applicants shall attend the Jaysingpur Police Station once in three months. The application is accordingly disposed of. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)