DNYANESHWAR SAKHARAM BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) DEAD body of the petitioner's wife-Vaishali was found hanging by sari to the ceiling fan in the room in which the petitioner and the deceased were residing and door thereof was found latched from inside. The petitioner called his relatives to the room and then door was opened forcibly. When dead body of Vaishali was found hanging. Information thereof was lodged at Nerul police Station on the basis of which accidental death was registered. During the course of enquiry, it was found that there were bloodstains on the flooring and on the clothes over the bed as well as on banian, and injuries to the hands of the deceased. Complaint was lodged by the father of the deceased on the basis of which offence under section 302 and 498-A of the I.P.C. came to be registered. This incident is alleged to have taken place on 24-11-1995 at about 11.30 a.m. at Village - Karave, Dist.Thane. The petitioner came to be arrested on 24-11-1995 and thereafter he applied for grant of bail to the Sessions Court, Thane, but that application came to be rejected on 28th February 1996. Hence the present application.

(2.) IT was submitted by Shri Kale for the petitioner as well as Shri Mhaisapurkar, the learned A.P.P. for the State, that there is no direct evidence and the matter rests only on the circumstantial evidence. In the course of submission Shri Mhaisapurkar, A.P.P. submitted that the deceased was first killed and after death was hanged to ceiling fan by means of a sari to show that the deceased has committed suicide. Further, it was submitted that there is window to the room in which dead body of the deceased was found through which one can easily escape by latching the door from inside. Since blood-stains were found on the clothes and flooring in the room, this is a case of murder and therefore, the sessions Court rightly rejected the application of the petitioner for bail.

(3.) ACCORDINGLY , petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.10,000.00 (ten thousand) and PR for like amount on the condition that he shall report to Merul Police Station twice in a week on Monday and Thursday, at any time between 11 a.m. and 6 p.m.