1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 347 of 2011 (Harish Shyamsundar Changani and others Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.G. Loney, Advocate of the applicants. Mr. S.S. Doifode, A.P.P. for the State/respondent. Mr. N.Lalwani, Advocate for original complainant CORAM : M.N. GILANI, J. DATE : 19 th JULY, 2011. Heard. Learned counsel for the applicants seeks permission to withdraw the application so far as it relates to applicant no. 1 Harish and applicant no. 3 Shyamsundar. Accordingly, the application so far as it relates to applicant nos. 1 and 3, is disposed of as withdrawn. Perused the case-diary. On 08/04/2011, Usha wife of applicant no. 1 was found dead in the house. During postmortem examination, 10 ante-mortem injuries like abrasions, scratches, bruises were noticed on her person. The Medical Officer opined that death was due to Asphyxia secondary to external compression of neck. After the incident, F.I.R. was lodged by one Akash, cousin of the deceased. In the F.I.R., it has been alleged that deceased had married to the applicant no. 1 prior to 2 years 2 of the incident. After marriage, her in-laws started making unlawful demands. The learned Additional Sessions Judge, while rejecting the bail application, observed that “The said incident took place in the house where the applicant resides along with her husband and son and the deceased. Hence, there is a reason to believe involvement of the applicant in commission of serious offence like the present one”. The evidence available on the record is the ill- treatment of the deceased for not fulfilling the unlawful demands soon before the incident. At this stage, homicidal death of Usha, while she was in her matrimonial home, is undisputed. The question that crops up is whether it would be proper to presume involvement of the parents, who reside with their son. Attributing role to the husband in the homicidal death of his wife is quite understandable. Without any evidence of overt act attributable to the members of the family or any evidence of motive, their involvement even prima-facie, in the homicidal death in the case of present nature, cannot be presumed. The applicant appears to have crossed 60 years of age. Therefore, I am of the considered view that it would be in the interest of justice to release her on bail. 3 Applicant no. 2 Sou. Sheelabai is directed to be released on bail on her furnishing P. R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. Application is disposed of accordingly. JUDGE *sdw