1appln-3297-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3297 of 2010 Mr Ramesh Ashok Rajpurohit and others .. .. Applicants. versus State of Maharashtra .. .. Respondent. Mr A. K. Chauhan, for the Applicants. Mr Y. M. Nakhawa, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 3RD AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicants for regular bail arrested in connection with C.R. No. I-127/2010 registered by Nalasopara Police Station for the offence punishable under Sections 306, 498-A, 323 read with Section 34 of Indian Penal Code. 2. Initially, matter was seized by Nallasopara Police Station. On the complaint lodged by the brother of the victim woman, it was registered 2appln-3297-10 for the offence punishable under sections 498-A, 306, 323 read with section 34 of I.P.C. However, by the order of the concerned Superintendent of Police, investigation was transferred to another police station and offence of 302 of I.P.C.was inserted. 3. Apparently, it is the case of the woman, having married life of about eight years, found hanging in a flat when she was staying along with the present applicants i.e. her husband and in-laws. Apparently, on the date of the incident, flat was latched form inside and door was broke open and people gathered around entered and found the woman hanging from the ceiling fan. Apparently, she was dead when found by the mob. Suspicion was raised by the father of the deceased and other relatives, as allegedly they found certain injuries on the dead body. Allegations were made against the police officials also for not properly making the inquest panchnama mentioning details of such injuries. Probably on this complaint, investigation must have been transferred to another police station and it was found fit by transferee investigating agency to apply provisions of Section 302 of I.P.C. 4. Learned advocate for the applicants argued that the factum still remains that the flat was latched from inside and the dead body of the woman was found and after opening latch from outside or breaking 3appln-3297-10 open the door the people went inside. By pointing out this, it has been submitted that it could not be a case of 302 of I.P.C. At this stage, it is brought to the notice of this Court by the learned A.P.P. that though the charge-sheet is already filed, the final cause of death is not yet ascertained and report is awaited. 5. All the same, it would be the matter of appreciation of evidence. However, so far as the prima facie material available against the present applicants is concerned and still considering that the co- accused, who was staying separate, was released on bail by this Court, it would not be in the fitness of situation to release the present applicants during the pendency of the matter though investigation is already over. In the result, the following order:- ORDER: (a) Bail application is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. 6. Application is accordingly disposed of. (A.R.JOSHI,J)