1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3213 OF 2009 Uttam S/o Paruba Kapre and others Versus State of Maharashtra *** Mrs. S. S. Jadhav, Advocate for the Applicants. Mr. K. M. Suryawanshi, Advocate for the Respondent / State. Mr. Hemant Surve, Advocate for Intervenor. *** CORAM: K. U. CHANDIWAL, J. DATED: 25th SEPTEMBER, 2009. 1. Heard. Discretion in terms of section 438 Cr.P.C. for an offence under section 302, 498-A read with 34 of IPC, in Crime No. MKS-1/2009 registered at Wadod Bazar Police Station, Aurangabad, is sought. 2. The applicants herein are parents and brother of Ratnakar, husband of the deceased. 3. Initially, prosecution against Ratnakar for an offence under section 304 (A), 279 of IPC is launched in which there is charge sheet. However, parents of the deceased Surekha felt some foul play in the show of accident, as the marriage of Ratnakar with Surekha was performed merely five months prior to the incident dated 4th October, 2008, and 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. consequently, he approached the authorities seeking action against the in-laws and brother of Ratnakar. At this stage of the matter, the postmortem notes of Surekha Ratnakar Kapre indicate that it was not a death based on any vehicular accident but the probable cause of death is due to drowning and the medical officer has observed vide answering column No.20 relating to Thorax with larynx, trachea and bronchi and there was evidence of frothing. At this stage of the matter, without further adverting to the details, as it may influence otherwise, the pre-arrest bail cannot be entertained. Application rejected. Liberty to mention subsequently for Mandabai, mother of Ratnakar. [K. U. CHANDIWAL, J.] Dated:25/09/2009. ans/3213