IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.305 OF 2009 Ramnikbhai Odhavjibhai Aatha, .. Applicant Vs State of Maharashtra and ors. .. Respondents WITH CRIMINAL REVISION APPLICATION NO.169 OF 2009 Samir N Dawada, .. Applicant Vs State of Maharashtra .. Respondent WITH CRIMINAL REVN. APPLICATION NO.170 OF 2009 Navin Ramaji Dawada .. Applicant Vs State of Maharashtra and ors. .. Respondents WITH CRIMINAL REVN APPLICATION NO.171 OF 2009 Malti N Dawada .. Applicant Vs State of Maharashtra .. Respondent WITH CRIMINAL REVN.APPLICATION NO.172 OF 2009 Geeta Prakash Simaya .. Applicant Vs State of Maharashtra .. Respondent WITH CRIMINAL REVN.APPLICATION NO.173 OF 2009 Preeti S Thakar .. Applicant Vs State of Maharashtra and ors. .. Respondents WITH CRIMINAL REVN.APPLICATION NO.174 OF 2009 Rita N.Gherai .. Applicant Vs State of Maharashtra and ors. .. Respondents Shri Devendra Udani i/b Rishi Bhuta for applicant in Appln 305 of 2009. Mrs Mallika Ingale, for respondent nos 3 to 7 in Appln No.305/09. MrsMallika A Ingale for applicants in all revision applications. Mrs P.P.Shinde, APP, for the respondent-State. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 20/4/200 DATE : 20/4/200 DATE : 20/4/2009 PC: PC: PC: 1. Heard learned counsel for the applicants and learned APP for the respondents. 2. Criminal Application No.1319 of 2009 filed by the accused persons for anticipatory bail and criminal Application No.305 of 2009 filed by the original complainant for cancellation of bail, granted to respondent nos 3 to 7 therein, were placed before this court on 3.4.2009 when the following order was passed. "1. Criminal Application No.1319 of 2009 has been filed by the applicants for anticipatory bail and Criminal Application No.305 of 2009 has been filed by the original complainant for cancellation of bail granted to respondent nos 3 to 7. 2. Brief facts are that the wife of Sameer N Davda was operated and she gave birth to a male child after caesarean operation was performed on her on 16.11.2007. Thereafter, she was discharged and taken to her matrimonial house. Her stitches were removed on 21.11.2007. At that time, the doctor who removed stitches had stated that she was quite hale and hearty. However, on 25.11.2007, she suddenly collapsed and died. A complaint was filed by the uncle of the deceased after one month, alleging harassment and cruelty by the in-laws. Initially, a complaint was filed under section 498-A. The applicants were arrested and released on bail. Thereafter, a petition was filed by the uncle of the deceased in this Court, asking the police to incorporate section 304 or section 304-B to the offence which is already registered by the police. The petition, however, was rejected and the Court observed that it is for the police to consider whether the said provisions should be applied or not. However, thereafter, provisions of section 304 of the Indian Penal Code were added to the offence which was already registered. In the meanwhile, application for discharge was also filed by the applicants herein in the Sessions Court. However, the said discharge application was dismissed. 3. Applicants have filed an application for anticipatory bail in this Court since the applicants have an apprehension that they will be arrested in connection with the newly added section viz. Section 304 of the Indian Penal Code. Application for cancellation of the bail also has been filed by the original complainant. Both these applications are tagged together." 4. During the course of hearing, counsel for the applicants submitted that the applicants have also filed applications in this Court for quashing the complaint filed by the complainant. It is submitted that the said applications are pending before the Court dealing with applications for quashing. 5. Office, therefore, to take appropriate steps to tag both these matters with the said applications, viz. Criminal Revision Application No 169 of 2009 to Criminal Application No.174 of 2009. Stand over for one week. Matters to be placed on board after they are tagged. Liberty is granted to the applicants to apply. Interim order to continue." 3. Today learned counsel appearing for the applicants in all the six applications for quashing and the learned counsel for the applicant in criminal Application for cancellation of bail, submit that they have instructions not to press these applications. They further submit that the applicants will be satisfied if directions are given to the Sessions Court to dispose of the trial expeditiously. Having considered overall facts and circumstances of the case and the order dated 3.4.2009, I dispose of all the seven applications by the following order. (a) All these applications are disposed of as not pressed. (b) The Sessions Court, Dindoshi, shall dispose of Sessions Case No.139 of 2008 as expeditiously as possible and preferably within a period of eight months from today. The applicants in all these applications shall produce a copy of this order before the concerned Court within two weeks from today. It is open to the applicants - Preety Thakkar, Geeta Somiya and Rita Gherai, Malti Dawda to file appropriate applications seeking exemption. If such applications are filed, the Sessions Court shall pass appropriate orders granting exemption to these applicants subject to the condition that their advocate shall attend every date of hearing and the applicants shall also remain present as and when required and if their presence become indispensable before the Sessions Court for the progress of their trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)