1 criapln3207-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3207 OF 2011 1] Latabai Balasaheb Shinde 2] Balasaheb Madhav Shinde .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri R.K.Temkar, Adv.for applicants. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 05/08/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.213/2011 registered in Topkhana Police station, Ahmednagar for offences punishable under Sections 306, 498-A r.w. 34 of I.P.C. Papers of investigation were made available. Heard both sides. 2] The crime is registered on the basis of report given by uncle of the deceased. Deceased was given in marriage to the son of applicants 7-8 years prior to the date of incident. Allegations are made that the husband of the deceased was indebted and so, through the deceased, applicants were demanding money from the parents of the deceased. The uncle has contended that to protect the deceased 2 criapln3207-11 from the ill treatment of the in-laws, he had sold his land and he had given Rs.3 Lakhs to the applicants. He has contended that due to harassment from the present applicants, Nitin – husband of the deceased had committed suicide about 1 month prior to the date of incident. He has contended that even after the death of Nitin, applicants continued to give ill treatment to the deceased and they were asking to bring Rs.2 to 3 Lakhs from her parents house. 3] The incident took place on 13/5/11 at about 3.45 a.m. It is contended that due to ill treatment given by the applicants, deceased set herself on fire in the night time. 4] There are statements of witnesses which include statement of neighbour Avinash. The record shows that the applicant had approached the neighbour for help. Due to fire, the supply of electricity was not on in the house of the applicants and neighbours could not dare to enter the house to extinguish the fire. The neibours somehow made provision of light and then, the fire was extinguished. The APP submitted that there is record like account statement of the husband of deceased to show that as on 20/6/11, amount of Rs. 41,363/- was due and this record is sufficient to infer that there was harassment from the applicants to the deceased. Copy of sale deed executed on 18/1/2007 is produced to show that the parents of the deceased had sold some portion of land for the consideration of Rs. 3 criapln3207-11 1.62 Lakhs. That was done in the year 2007 and the husband of the deceased committed suicide 1 month prior to the date of incident in question. 5] Advocate of the applicants submitted that the deceased has left behind a daughter of about 4 years age and there is nobody to take care of the daughter. He submitted that applicant no.2 is a retired Forest Officer and except applicants, there is nobody to take care of the daughter of deceased. He submitted that applicants are aged persons. APP submitted that the neighbours have come with the case that applicant no.1 Latabai is a quarrelsome lady and she is at the root of the incidents. 6] In view of the aforesaid record, this Court holds that bail needs to be granted to the applicants. Application is allowed. 7] Applicants are to be released on bail in Crime No.213/2011 registered in Topkhana Police station, Ahmednagar for offences punishable under Sections 306, 498-A r.w. 34 of I.P.C. on their furnishing PR and SB of Rs.15,000/-each. They are not to tamper with prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln3207-11 4 criapln3207-11