1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.371/2011 ( Sanjay s/o Laxmanrao Wandile ..Vs.. State of Maharashtra, through P.S.O. Allipur, Distt. Wardha ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M. Rizwy, Adv. for applicant. Mr. M.J. Khan, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 1.12.2011. 1. This is an application under section 438 of the Criminal Procedure Code for issuing directions to release the applicant/accused on bail in the event of his arrest in Crime No.78/2011 registered with the police station Allipur, District Wardha for the offence punishable under section 498-A, 304-B read with 34 of the Indian Penal Code. 2. Sushma had married the applicant/accused five years prior and out of this wedlock she delivered two issues. On 24/8/2011 Sushma consumed poison and died. 3. In the F.I.R., lodged by mother of the deceased, it has been alleged that the deceased was subjected to 2 ill-treatment by the applicant and his family members. Despite having a daughter and son, the ill-treatment continued. She was being ill-treated on the ground that she was not liked by the applicant. It is also alleged that one year prior the deceased was asked by the applicant to bring Rs.10,000/-from her parents. Considering the nature and gravity of the offence and the allegations in the F.I.R. pointing out the involvement of the applicant, the discretion of issuing directions under section 438 of the Criminal Procedure Code cannot be exercised. 4. Application is rejected. 5. In the event of applicant/accused filing regular bail, Sessions Court shall decide it on its own merits without being influenced by the observations made herein above. JUDGE Tambaskar.