(1) CRI.APP. 2569.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2569 OF 2010 1. Babasaheb S/o Laxman Khile Age : 32 years, Occu.: Labour and Agri. 2. Sau. Bhimabai Laxman Khile, Age : 60 years, Occu.: Household, 3. Laxman S/o Ambadas Khile, Age : 65 years, Occu.: Agri., 4. Gorakh S/o Laxman Khile, Age : 22 years, Occu.: Agri., All R/o : Village Umbare, Taluka Rahuri, Dist. Ahmednagar .. Applicants VERSUS The State of Maharashtra Through Rahuri Police Station, Taluka Rahuri District Ahmednagar (Copy to be served on the Office of Learned P.P. High Court of Bombay, Bench at Aurangabad) .. Respondent Mr. Sandeep S. Deshmukh, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail. (2) CRI.APP. 2569.2010 2. The applicants are the husband of deceased Meerabai alias Jayshree and are relatives i.e. in- laws and brother-in-law. 3. Initially, the offence was registered against them for having committed her murder but lateron, during course of investigation, the medical opinion was received which indicated that she committed suicide by self-hanging. 4. The FIR purports to show that the applicants demanded Rs.1 Lakh from father of deceased Meerabai and used to trouble her on account of non-compliance of the unlawful demand. She had been married to applicant no.1 in 2003 at village Umbare (Tq. Rahuri). She was residing with the applicants in the matrimonial home since then. It appears from the FIR that about one year prior to the alleged incident i.e. somewhere in the month of June, 2009 Meerabai visited her father's house and told him about demand of Rs.1 Lakh. He however, took her to the house of the applicants and requested them not to trouble her. He pleaded with them about his inability to pay the amount. Deceased Meerabai had begotten a male and a (3) CRI.APP. 2569.2010 female child. On 22.6.2010, her father came to know that Meerabai died and her dead body was taken to Rahuri Rural hospital. He saw some injuries on her neck and thereafter immediately gave the report. 5. What appears from the investigation papers is that the suicidal note was found by the Police. There is a dispute however about the handwriting of the suicide note. According to the prosecution, the suicide note was written by deceased Meerabai and so also applicants say that it was written by her. She stated in the suicide note that she committed the suicide because of forcible sexual relations and the trouble given by another applicant by name Vijay More but she did not say anything about the unlawful demand of the applicants and the trouble allegedly given by them. It is difficult to stamp the suicide note as a fabricated document, without proper verification of the handwriting. One cannot be oblivious of the fact that from 2003 till 2010, the deceased was residing with the applicants and there was no earlier Police report filed about the matrimonial cruelty. It is also unlikely, prima (4) CRI.APP. 2569.2010 facie, that such a young woman would commit suicide when she was blissed with a female and male child unless there were compelling reasons. The statements of neighbours had been recorded during the course of investigation but do not reflect any tangible material against the applicants. 6. Considering the foregoing reasons, the Application is allowed and the applicants are directed to be released on bail on furnishing of P.B. and S.B. in sum of Rs.20,000/- (Rs. Twenty Thousand) each with one solvent surety each to the satisfaction of the Court of Sessions, at Ahmednagar and on condition that they shall attend the concerned Police Station on each Tuesday and Saturday between 10.00 am. to 2.00 pm. for four (4) weeks consecutively or till filing of the chargesheet whichever is earlier and shall co-operate with the Police during the course of investigation. They shall not contact any of the prosecution. Sd/- [V.R. KINGAONKAR, J.] arp