- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3912/2010 1] Arun s/o Sampat Bhosale, age 38 yrs., occu.agri., r/o Awad Shirpura Tq.Kallamb Dist.Osmanabad. 2] Sampat s/o Ginaji Bhosale, age 59 yrs., occu.agri., r/o Awad Shirpura Tq.Kallamb Dist.Osmanabad. 3] Sau.Vimal w/o Sampat Bhosale, age 55 yrs., occu.household, r/o Awad Shirpura Tq.Kallamb Dist.Osmanabad. 4] Pramod w/o Sampat Bhosale, age 29 yrs., occu.agri., r/o Awad Shirpura Tq.Kallamb Dist.Osmanabad. ...Applicants.. Versus The State of Maharashtra, through Police Station Officer, Police Station, Siradhon Tq.Kallamb Dist.Osmanabad. ...Respondent... ..... Shri V.D. Salunke, Advocate for applicants. Shri N.H. Borade, APP for respondent. - 2 - ..... CORAM: P.V. HARDAS, J. DATE: 27.10.2010 PER COURT : 1] Heard learned counsel for the parties. 2] The applicants, who are husband, father in law, mother in law and brother in law of deceased Sunita, seek their release on bail in Crime No.68/2010 registered by Siradhon Police Station Tq.Kallamb Dist.Osmanabad u/s 498-A and 302 r/w 34 of the Indian Penal Code. 3] First Information Report came to be lodged by Waman Shrirang Salunke, father of Sunita, alleging that Suman was ill-treated by the accused for failure of her parents to meet the illegal demand of giving 5 Gms. of gold. It is further stated that he was informed on 4.6.2010 that his daughter Sunita was seen hanging from the iron pipes attached to the ceiling. In the First Information Report, father of Sunita had expressed his suspicion that the accused had committed murder of deceased Sunita. Accordingly, the offence came to be registered u/s 302 and 498- A of the Indian Penal Code. 4] The investigation in the said crime has been completed and a charge-sheet hash been filed. Upon perusal of the charge-sheet, it does not transpire that there - 3 - is any evidence, which would establish the offence prima facie u/s 302 of the Indian Penal Code against the present applicants. It is no doubt that the Medical Officer has found existence of ligature marks, but that would not be uncommon in the light of the fact that the dead body of deceased Sunita was seen hanging from the iron pipes attached to the ceiling. There is nothing to indicate in the charge- sheet, and which fact has been conceded by the learned APP, that prima facie there is some material to establish that the applicants had killed deceased Sunita and thereafter had hung her dead body from the ceiling. 5] In that light of the matter, therefore, I am inclined to allow this application. Accordingly, this application is allowed and the applicants are directed to be released on bail on each of the applicants executing a P.R. Bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial Court. The applicants shall not either influence the prosecution witnesses or tamper the prosecution evidence. (P.V. Hardas, J.) ndk/cr27101010