( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4400 OF 2010 Vijay Uttamrao Wankhede APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mrs. M.A. Kulkarni, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th November, 2010] PER COURT : 1. By this application, the applicant seeks bail under section 439 of the Criminal Procedure Code. 2. The applicant is husband of deceased Gaya alias Savita. Their marriage was performed on 25th April, 2006. She died as a result of 100% burns in the evening on 17th April, 2010 in the matrimonial home. 3. Having heard learned advocate for the applicant & learned A.P.P. and on perusal of the investigation papers, it ( 2 ) prima facie appears that deceased Gaya alias Savita used to make frequent complaints of matrimonial cruelty meted out to her by the applicant and his relatives. It further appears that an amount of Rs. 50,000/- was being demanded by them from her parents. The FIR purports to show that father of the deceased had approached President of Tanta Mukti Samiti of the village with a request to intervene and ask the applicant and his relatives to stop the harassment, illtreatment and cruelty meted out to deceased Gaya alias Savita. Her father gave Rs. 10,000/- to the applicant in presence of two (2) respectable witnesses. Inspite of fulfillment of the demand on the part of her father, the matrimonial cruelty did not end nor was suspended. The marriage of son of the informant by name Amol was scheduled on 8th April, 2010. The informant, therefore, tendered invitation of the marriage to the applicant and deceased Gaya alias Savita. Both of them visited the village of the informant on 7th April, 2010 in order to attend his marriage. The applicant then demanded remaining amount of Rs. 40,000/- from the informant and allegedly, abused deceased Gaya alias Savita when the demand was not fulfilled. It appears from the recitals of the FIR that the applicant was annoyed and immediately left the marriage pendal alongwith deceased Gaya alias Savita after the performance of the ( 3 ) marriage. The recitals of the FIR prima facie show that on 17th April, 2010, Gaya alias Savita was charred to death in the noon time around 4 p.m. in the residential house. 4. It appears that the dead-body of Gaya alias Savita was found inside the matrimonial home in the relevant evening. It appears that on the same day, the deceased had complained to the members of Tanta Mukti Samiti about the continuity of harassment and cruelty by the applicant and his relatives. It further appears that in the relevant noon, the respectable villagers had attempted to give a word of advice to the members of the family of the applicant to stop the illtreatment. The dead-body was found lying in the bed-room of the house and it was completely charred. Thus, there is prima facie evidence to show that soon before death of Gaya alias Savita, she was subjected to the matrimonial cruelty by the applicant and his relatives. The death occurred within four (4) years of the marriage. There was unlawful damand made by the applicant and his relatives, as it prima facie transpires from the record that the death of Gaya alias Savita was under the un-natural circumstances. In this view of the matter, since the Sessions Trial has commenced, it would not be appropriate to release the applicant on bail. ( 4 ) 5. In the result, the application is dismissed. The Sessions Trial shall be, however, expeditiously decided and as far as possible within period of nine (9) months hereafter. [V.R. KINGAONKAR] JUDGE NPJ/criapln4400-10