1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.915 OF 2010 Laxman Dnyanoba Daiphale and another ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.B.N.Magar, Advocate for applicants. Mr.K.S. Patil, APP for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 22nd March, 2010. PER COURT : 1. Heard Mr.B.N. Magar, learned Counsel for applicants as well as Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicants requesting to release them on bail in connection with crime No.7/2010 registered with Police Station Kingaon, Dist. Latur for the offence punishable under Sections 306, 498-A, 323 r/w 34 of the Indian Penal Code, since applicants have been arrested thereunder on 04.02.2010 and they are in judicial custody. 2 2. It appears that the complaint has been registered on the report lodged by one complainant namely; Subhash Yeshwantrao Tandale i.e. father of deceased Jyoti on 04.02.2010. It is alleged in the said complaint that marriage of daughter of complainant namely; Jyoti with applicant no.1 namely; Laxman was solemnized on 26.10.2009. The applicant no.2-Ram Daiphale is the brother of applicant no.1. It is also alleged that applicant no.1, his parents and other persons named therein subjected victim namely Jyoti to cruelty physically and mentally after marriage, and therefore, she was driven out from the house and due to this, Jyoti committed suicide on 03.02.2010 at about 4 p.m. by pouring kerosene on her person and setting her ablaze. It is also alleged that the applicants and their relatives mentioned in the said complaint also made demand of golden ring and locket from the said deceased to be brought by her from the parental house since the marriage, and therefore, she fed up with said ill-treatment and thereby committed suicide by setting herself on fire. 3. The learned counsel for the applicants urged that 3 no specific role is attributed to the present applicants herein in the contents of F.I.R. It is also submitted by learned counsel for the applicants that they are in jail since last two months and investigation almost has been completed, and therefore, there is no propriety in keeping applicants in custody further more. Hence, they be released on bail. The learned counsel for the applicants further submitted that the spot panchanama discloses that lock was put from inside the room, and therefore, there is no complicity of the applicants in the alleged offence, and therefore, they are required to be enlarged on bail. 4. The learned A.P.P. vehemently opposed the present application and submitted that the statements of the witnesses have been recorded during the course of investigation and it is revealed that tin roof shed of the said room was open which speaks itself and there is no substance in the arguments made by the learned counsel for applicants. The learned A.P.P. further urged that the investigation is in progress and same has not been completed, and therefore, the 4 applicants are not entitled to be released on bail. 5. Considering the investigation papers and also the rival submissions of the parties, it is apparent that the offence is of serious nature and investigation is under progress and same has not been completed. Therefore, it is not desirable to enlarge applicants on bail. Moreover, it also appears from the contents of F.I.R. that the names of the applicant nos.1 and 2 have reflected therein and it appears from the F.I.R. that victim committed suicide due to physical and mental ill-treatment faced by her at the hands of applicants and other family members mentioned therein, and therefore, there is no substance in the arguments canvased by the learned counsel for the applicants in that regard. 6. Having comprehensive view of the matter, there is no substance and same deserves to be dismissed. The present application sans merit and hence is dismissed accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri915.10