1 Appln 4482-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4482 OF 2010 Ishtiyaq Ahmed Iqbal Momin ..Applicant V/s. The State of Maharashtra ..Respondent Mr.M.K.Kocharekar, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 22ND OCTOBER, 2010 P.C. . The applicant, victim's brother-in- law, who has been in jail from the last two and half years in connection with C.R.No.I-51 of 2008 for the offence punishable under Sections 302 & 201 read with Section 34 of the Indian Penal Code registered with Nizampura Police Station, Bhiwandi, District Thane, seeks enlargement on bail. Investigation is complete and the applicant has been charge sheeted along with other family members. The allegation is that the 2 Appln 4482-10 applicant and others killed Shabina Ashpaq Momin, wife of Ashpaq Iqbal Momin, applicant's brother and buried the dead body after obtaining false Certificate of Death. After conducting Post Mortem exam it was noticed that she had died as a result of strangulation. There were also injuries found on her body. The applicant was residing with the victim's husband Ashpaq. Those who have been bailed out by the various orders of this Court and Sessions Court were father-in-law & brother-in-law, who were staying separately and, female members of the family though staying with the victim. Those who were staying separately were obviously entitled to bail. Females have been bailed out in the case of offence of complicity because they are females. The learned Counsel for the applicant was right in submitting that the allegations of family members are of usual nature. The fact that family members had hurriedly disposed of the dead body after 3 Appln 4482-10 obtaining false Certificate of death and also the fact that the applicant was member of family residing with the victim, would indicate his complicity. In view of this, applicant is not entitled to bail. 2. Criminal Application is rejected. The learned trial Judge shall expedite hearing and dispose of the case preferably within a period of three months since accused is in jail for the last two and half years. (R.C.CHAVAN, J.)