1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3070/2009 ((1) Saraswatibai @ Lilabai wd/o Damodar Bunde and another vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr P S Wathore Adv.for applicant Mr D P Thakare , APP for Respondent C ORAM : A.P. BHANGALE, J. DATED : 4th September, 2009. Heard learned counsel for respective parties, at length. 2. According to the learned Advocate for applicants, the accusations against the applicants although are serious for offence punishable under sections 307 read with section 498-A read further with Section 34 of the IPC, the applicants have in defence want to rely upon the transcription in respect of domestic quarrel which had occurred on 20th July, 2009, which was recorded with the help of Mobile Phone. The applicants also want to rely upon the affidavit of Sudhakar Narayan Kathole who had attempted to intervene and advised amicable settlement, stating that the applicants are innocent. Further, according to the learned Advocate for applicants, the applicants are being falsely implicated. 3. Learned APP objected the grant of bail, with the help of material collected during the course of investigation so far. The statement of victim Surekha was recorded in the course of investigation on 22nd July 2009 who attributed active role to the applicants stating that the applicants had came from behind and pushed Surekha into the well when she was about to draw water from the well with the help of rope and bucket. It appears from the preliminary investigation that said Surekha had suffered injuries in the nature of contusions and abrasions, as observed by the Medical Officer from Medical College & General Hospital, Akola. The statement of some witnesses have also been recorded indicating 2 that there were statements in the nature of dying declaration. Under these circumstances, considering that investigation is at its preliminary stages into the serious accusations, the applicants cannot be given the benefit of pre-arrest bail order as their custodial interrogation would be necessary, in order to unravel the truth. It is, of course, open for the applicants to inform the Investigating Officer of the facts which they want to investigating agency to know. It is made clear that it is open for the applicants to surrender themselves before the Investing Officer and then apply for bail on merits. Application is rejected. JUDGE. sahare