1 criapln2788-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2788 OF 2011 1] Sheshrao S/o Ganpati Sontakke 2] Balya @ Anand S/o Vithalrao Vaidya 3] Kalba S/o Vithalrao Vaidya ...APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri P.R.Katneshwarkar, Adv.for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 19/07/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.169/11 registered in CIDCO Police Station, Dist.Nanded for offences punishable U/s 302, 392 r/w 34 of I.P.C. Papers of investigation are made available by A.P.P. Both sides are heard. 2] Crime is registered on the basis of report given by brother of the deceased. Deceased was deserted by her husband few years 2 criapln2788-11 prior to the incident. She was living in the house of her brother in village Bondhar, Tq. & Dist.Nanded. She had filed maintenance proceedings against her husband and some order was passed in her favour by the Magistrate. One litigation was also filed against husband by the deceased. Applicant nos.2 and 3 are said to be sons of husband of deceased from Nagrabai and applicant no.1 is said to be son in law of husband of deceased. The brother has made allegations that on the night of 13/5/11, between 1 hr. and 6 hrs. when the deceased was sleeping in the courtyard of his house, she was murdered and her gold ornaments like ear-tops, gold necklace and some silver ornaments were taken away. In the report, he expressed suspicion against 3 applicants. 3] Police papers show that death took place due to compression of neck. Statements of witnesses show that they have expressed suspicion against present applicants. The papers do not show that any recovery is made at the instance of the present applicants. The statements do not show that anybody had seen the applicants in the village of the deceased on that day. In view of these circumstances, this Court holds that bail needs to be granted. So application is allowed. Applicants are to be released on bail in Crime No.169/11 registered in CIDCO Police Station, Dist.Nanded for offences punishable U/s 302, 392 r/w 34 of I.P.C. on their furnishing P.R. and S.B. of Rs.15,000/- each. They are not to tamper with prosecution 3 criapln2788-11 witnesses. They are not to enter the village of the complainant i.e. village Bondhar, Tq. & Dist.Nanded. [T.V.NALAWADE,J.] umg/criapln2788-11