1 Cri-A-5555-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.5555 OF 2010 Asrar Iqbal Momin ... Applicant (Orig. accused No.1) Vs. State of Maharashtra ... Respondent Ms. Anjali Patil,Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. The applicant, who is brother-in-law of deceased Shabina, was arrested on 6.3.2008 in Crime No.51/2008 registered by Nizampur Police Station under Sections 302, 201 read with Sec. 34 of IPC. Even though the present applicant and some other accused are in jail for last about 2 years and 10 months trial has not yet commenced. Earlier, application No.840/2010 filed by the present applicant was withdrawn and was disposed of accordingly on 8.4.2010. Even though 9 months' period is over after that, still the trial has not commenced and therefore fresh application is moved by the present applicant. 2. Heard the learned Counsel for the applicant and the learned APP. 2 Cri-A-5555-10.sxw Perused the police papers filed along with charge-sheet. 3. Deceased Shabina was married to one Ashfaque Momin on 12.12.2005. She died on 18.10.2007. Information was received by her mother and other relatives. They immediately went to the house of her husband. Thereafter, funeral was performed and the dead body was buried. However, mother of the deceased approached the police contending that she had noticed ligature marks around the neck of Shabina. In view of this, dead body was exhumed and post-mortem report reveals that she had died because of strangulation. Therefore, prima facie, death was not because of suicide nor natural death but Prima facie, it appears to be a case of murder. Admittedly, there is no eye-witness. For the first time on 6.3.2008 i.e. about 5-1/2 months after the death of the deceased, statement of Fatima mother of the deceased was recorded. In that statement, she alleged ill-treatment and harassment of the deceased at the hands of her husband, father-in-law, mother-in-law, all the brothers-in-law and sisters-in-law. Thus, allegations were made against in all 12 persons. Immediately, the present applicant and some other accused were arrested and since then the applicant is in jail. 4. Admittedly, there was no eye-witness. In view of the fact that death 3 Cri-A-5555-10.sxw was caused by strangulation, it could not have been by as many as 12 persons. The applicant, who is brother of the husband of deceased, was not living with them. Thus, except the bare statement dated 6.3.2008 about the cruel treatment meted out by all the relatives of the husband of the deceased, there is no material against the present applicant. 5. In view of the above circumstances, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in the like amount with condition that he shall not tamper with prosecution evidence. (J.H.BHATIA,J.)