1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3509/2009 ( Sadvali Gangayya Malleboina and ors. .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.R. Vyas, Advocate for Applicants. Mrs. K.S. Joshi, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 18, 2009 Heard. The prayer for bail made by the applicants/accused for commission of offence under Sections 498-A and 306 of IPC registered with Sironcha Police Station upon FIR dated 26.10.2009 by the father of the victim Sapna who has succumbed to death due to drowning , deserves consideration in spite of the same being vehemently opposed by the learned APP on the count of the involvement of the applicants for commission of offences being borne out by the material collected during the investigation and there being likelihood of prosecution evidence getting tampered in the event of the applicants being released on bail and on the count of presumption arising out of Section 113-A of the Evidence Act in view of the death having occurred within a period of 7 years from the date of marriage. 2 The same deserves to be considered as upon query, the learned APP after taking instructions from the I.O. has stated that the investigating agency having been not able to collect any material showing involvement of the applicants in offence punishable under Section 304-B of IPC and thus the applicants being not accused for an offence punishable with death or imprisonment for life. The same will deserve consideration accordingly in view of the fact that there is about 16 days delay in lodging of the FIR regarding the applicants having treated the deceased with cruelty. The same is obvious as on 9.10.2009 the first informant has received the information from one Swami of his daughter being not at the house of her husband and husband and other being in search of her and thereafter the dead body being found on the next day i.e. on 10.10.2009 and in spite of the occurrence of death of a daughter, the first informant having not promptly lodged the report and/or the allegations of deceased being treated with cruelty had not forthcome immediately, has prima facie effect of rebutting the presumption tried to be relied by the learned APP on the count of death having occurred within seven years of marriage. Having regard to the same, the applicant has made out a case for releasing them on bail. The applicants are directed to be released on bail on each of them executing a PR bond in a sum of Rs.50,000/- with on or more sureties to make up the said amount and further subject to the conditions of each of them (i) attending the I.O. twice a week i.e. on every Monday and Thursday in between 11 a.m. to 2 p.m. until 3 filing of the charge sheet; (ii) staying at the address mentioned in the application and not changing the same without prior permission of the Court; (iii) not tampering with the prosecution evidence so far collected and (iv) not committing any offence while being on bail granted vide this order. Liberty is granted to the prosecution to apply for modification and/or cancellation of order in accordance with law in the event of any further offence being transpired during the investigation. Application stands disposed of. JUDGE halwai