1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3063 OF 2010 1 Eknath s/o Jagnnath Bhalerao age 45 years, occ. Agril 2 Latabai w/o Eknath Bhalerao age 40 years, occ. Household Both r/o Daradgaon Thadi Tq. Rahuri, Dist. Ahmednagar. Applicants VERSUS The State of Maharashtra Respondent Mrs. Sadhana Jadhav, advocate for the applicants. Mrs. V.A. Shinde, A.P.P. for the Respondent. CORAM : A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By present application, applicants, close relatives of husband of victim by name Santosh are before this court for their release on bail in connection with Crime no. 141/2010 registered in Rahuri Police Station, Dist. Ahmednagar for alleged offence punishable under section 302, 498-A r/w section 34 of the Indian Penal Code in which the applicants came to be arrested on 8 th May 2010 around 8.30 p.m. In this case, after completion of 2 investigation, charge sheet was filed on 30 th June, 2010 in the court of Judicial Magistrate, First Class, Rahuri and numbered as 119/2010. 2 Heard Mrs. Jadhav, learned counsel for the applicants and Mrs. Shinde, learned APP for the State. Perused the papers of investigation. Offence came to be registered on the complaint of one Vasant about untimely death of his daughter Baby w/o Santosh. This Santosh is the nephew of these applicants. Post mortem report discloses that during autopsy conducted on the dead body of Baby, it is found by the Medical Officer that death caused due to ausphexia due to strangulation. It is not under dispute that this incident occurred in the earlier hours on 8 th May, 2010 in the matrimonial house of said Baby. It is to be noted that initially accidental death was recorded on the same day on the report from medico. Father of deceased was present throughout inquest panchanama, spot panchanama and post mortem. Only after the probable cause of death revealed due to ausphexia as opined by the Medical Officer who conducted autopsy, complaint came to be lodged against the husband of Baby and the present applicant wherein the allegations against this applicant is that she instigated the husband of deceased Baby by name Santosh to harass her to satisfy his illegal demand. 3 3 Considering the submissions across the bar, and the fact inferred from the papers of investigation that death is caused in the house of Santosh and at that time admittedly the present applicants were not present at that place as rightly suggested by learned counsel for the applicant, offence under section 302 of the Indian Penal Code will not be attracted. To attract the offence under section 498A of the Indian Penal Code, considering the statements of the witnesses recorded during investigation and considering the vital aspect that there are no any allegations against the inlaws of the deceased whose statements were recorded during investigation, it is inferred that there was some demand by their son by name Santosh from the parents of Baby but the statements are silent about any instigation at the hands of these applicants. 4 Learned APP wants to oppose the application on the basis of statement of some of the neighbourers which statements do not disclose the distance between their residence and the residence of Santosh where the incident has occurred. According to the learned APP there is common wall in these houses which address of learned APP is not supported by the papers of investigation. 4 5 Considering the fact that the applicants are in custody for more than 90 days and investigation is over, at the most the alleged act of the applicant will attribute to the offence punishable under section 498A of the Indian Penal Code for which neither life imprisonment is provided nor death penalty is provided. Considering this aspect, case is made out to enlarge the applicant on bail. Application deserves following order. ORDER A Application is allowed. B Both the applicants be released on bail on furnishing surety for the sum of Rs.10,000/- and on executing PR bond for the like amount. C Application stands disposed of. ( A.V.POTDAR ) JUDGE dyb/criappln3063.10.odt