( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3538 OF 2010 1. Sudharshan s/o Uttamrao Dhale, R/o Basamba, Tq. & Dist. Hingoli 2. Ranjanabai w/o Uttamrao Dhale, R/o Basamba, Tq. and Dist. Hingoli APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. N.N. Chitlange, advocate for the applicants. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th October, 2010] PER COURT : 1. The application is for bail. 2. Heard learned advocate for the applicants and learned A.P.P. 3. Perusal of the investigation papers prima facie shows that deceased Sunita was married to Sukhnandan @ Balu prior to about six (6) years of her death. Her husband used ( 2 ) to demand money from her father under one or another pretext. He had demanded Rs. one (1) lac to secure employment for the applicant No.1. Her father had declined to pay and, therefore, her husband had left his house in the fit of anger. On next day, deceased Sunita contacted her father on telephone and informed him that because he had not paid the amount, her husband and the applicants were beating her and were giving mental and physical trouble to her. She informed her father that her life was endangered. After a couple of days again, she informed her father that if amount of Rs. one (1) lac would be paid by him, then only she may not be troubled. He assured that he will make arrangement for money and directed her to send her husband. Thereafter, he paid the amount of Rs. one (1) lac to her husband in presence of his friend Venkati Imitwar and elder brother Marotrao Pandagale. Thereafter again, for six (6) months, she was treated well. The husband of the deceased made further demand of Rs. two (2) lacs in order to purchase a plot at Hingoli. Her father did not pay such amount. The deceased informed him telephonically that she was again being ill-treated and kept starved. On 29th July, 2010, her dead-body was found for the matrimonial home. She had received burn injuries. The post-mortem examination was carried out and subsequently, the C.A. report ( 3 ) indicated presence of poisonous substance in her intestine. 4. It prima facie appears, no doubt, that death of deceased Sunita did occur within period of seven (7) years of the marriage and that it was under un-natural circumstances. It also appears that her husband used to trouble her on account of non-involvement of his demands for money. However, so far as applicant No. 1 is concerned, the incident of alleged matrimonial cruelty on account of non-payment of Rs. one (1) lac for the purpose of securing an employment to him, had taken place about six (6) months before her death. That amount was paid by her father. The FIR itself shows that thereafter for six (6) months, deceased Sunita was treated well in the matrimonial house. The FIR purports to show that the cruelty was on account of failure of her father to pay the last demand of Rs. two (2) lacs made by her husband. In other words, her husband subjected her to cruelty in the matrimonial home due to non-involvement of the demand of Rs. two (2) lacs In respect of the last demand of Rs. two (2) lacs, the present applicants are unconcerned. There are only general allegations against them about their complicity as accomplices being members of the same house, no recovery was made from either of them. Under these circumstances, both the ( 4 ) applicants deserve liberty on certain conditions. 5. In the result, the application is allowed. Both the applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 25,000/- (rupees twenty five thousand), each, with a solvent surety bond in the like sum, to the satisfaction of the Court of Sessions at Hingoli and on further condition that simultaneously, while furnishing bail bonds, they shall submit an undertaking to the effect that they will not enter limits of village Basamba during period of trial, nor will make an attempt to contact the prosecution witnesses in any manner. The trial of the sessions case shall be expedited. [V.R. KINGAONKAR] JUDGE NPJ/criapln3538-10