1 CR.APL NO.945/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 910. APPLN/945/2011 ANURADHABAI ASHOK GAWALI [Criminal] AND ANR V/S STATE OF MAHARASHTRA AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., h/f Mr. D.S.Manorkar, Adv., for the applicant. Mr. K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:16-3-2011 1. The accused/applicant, in custody from 15.2.2011, in Crime No.I-129/2010, registered at Waluj Police Station, for the offense under Sections 306, 498-A, 34 of IPC seeks bail. 2. Learned Counsel submits, husband of applicant no.2 is released on bail by the learned Sessions Judge. Likewise, husband of the deceased is also released. Applicant no.1 is 67 years old while applicant no.2, female, is 30 years old. The custodial interrogation not desired. The accused/applicants shall not visit or live in the area of Jalna or Aurangabad. 2 CR.APL NO.945/2011 3. Learned A.P.P. has tendered report with Annexures of the investigator. 4. Release of husband of the deceased was by default as the investigator failed to discharge his obligation statutorily required. So, it cannot be used as a parity. Release of husband of Vaishali was on an altogether different situation, the role attributed to the accused/applicant no.2 is at a different pedestal. 5. The added spice to the matter is that after the events, when the deceased, with her two children, jumped in a well, suffered lightening, these accused made their presence scarce. It was with great efforts, they could be nabbed, rather, they surrendered having faced brunt of rejection of anticipatory bail application. The involvement, primarily indicated by the complainant, the depressed father of the deceased, cannot be said to be illusory as he had gumption to exclude the husband of applicant no.1, having been asking the duo to refrain from ill-treatment, harassment and humiliation to the victim. However, no lesson was taken and, resultantly, after ten years of the marriage, the deceased Deepali lost her 3 CR.APL NO.945/2011 life. In the situation, since investigation is in progress, chargesheet is yet to be filed, no bail. Observations are prima facie in nature. Application rejected. (K.U.CHANDIWAL) JUDGE AGP/945-2011crapl