MP 1 BA1870_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1870 OF 2011 1. Harish @ Harishchandra Tanaji Kadam 2. Sujata Harish Kadam ... Applicants Versus The State of Maharashtra ... Respondent Mr. Harshad Bhadbhade i/b. Mr. Sachin Bagal, Advocate for the Applicants. Mr. Y.M.Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 23RD DECEMBER 2011 P. C. : The applicants seek to be released on bail in crime No.39 of 2011 registered with Mahad MIDC Police Station, District Raigad for the offences punishable under Sections 302, 201, 120-B r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that deceased Aarti was married to one Narendra Ingale on 19.05.2011, and after marriage she went to live with her husband along with father-in-law, mother-in-law, unmarried sister-in-law and brother-in-law. There are allegations that she was being ill-treated by mother- in-law. On 31.10.2011 in the afternoon, when her father went to meet her, she was sitting in the Wada and was crying. On 01.11.2011, her husband informed her father on mobile phone that, in the morning she had left the house to go to attend the natural call but did not come back. On 03.11.2011, her dead body was found in a well. Dead body was in highly decomposed condition. There are two witnesses to show that they had seen seven persons going to the well and throwing the dead body. Those seven persons included the present applicants also. Applicant No.2 Sujata is a married sister of Narendra and applicant No.2 Harish is her husband. According to them, they are residents of MP 2 BA1870_11 Bombay and were not present at the time of the incident. However, their names are given by two witnesses. As per the post-mortem report, the dead body was in highly decomposed condition and viscera has been referred to CA but the report is not yet available. Therefore, cause of death is not yet known. Investigation is in progress. In view of these circumstances, the learned Counsel for the applicants made a statement that he would not press the application to the extent of applicant No.1 Harish with a liberty to file fresh application before the appropriate Court after filing of charge-sheet. 3. The learned Counsel for the applicant points out that applicant No.2 Sujata is a young lady aged about 27 years and after arrest, she was examined by the Medical Officer and was found to be pregnant for four weeks. Six weeks have passed thereafter. According to him as she is pregnant, it is necessary that she should get proper rest at her house. Taking into consideration the special facts in respect of applicant No.2 Sujata, in my opinion, bail can be granted to her. 4. Applicant No.2 Sujata Harish Kadam be released on her executing P.R. of Rs.15,000/- with a surety in like amount with condition that she shall not tamper with the prosecution evidence. 5. Application to the extent of applicant No.1 Harish stands disposed as not pressed with liberty to file fresh application before the appropriate Court after filing of charge-sheet. (J. H. BHATIA, J)