1 Cri-A-3974-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3974 OF 2010 IN SESSIONS CASE NO. 241/2010 Shri Bharat Kamalu Jamdhare & Anr. ... Applicants Vs. State of Maharashtra ... Respondent Mr.A.M.Ashfaq a/w. Ms. Sarojini Upadhyay and Shri Salim Shaikh, Advocates, for the applicants. Mrs. R.V.Newton, APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 21st January, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The applicants seek to be released on bail in Crime No.103/2009 under Sections 302, 304B, 498A read with Sec. 34 of IPC. 3. According to the prosecution, deceased Hema was married to Vijay son of the present applicants on 27.4.2009 and on 19.7.2009, she died. She used to tell her parents that her husband and parents-in-law used to pressurise her to bring amount of Rs.50,000/- from her parents and for that purpose, she was being 2 Cri-A-3974-10.sxw mentally and physically harassed and abused. However, the demand could not be fulfilled. Her body was found hanging. The report was lodged by her father Ramdas Patil, who is a Police Patil and on that report, police registered a case under Sections 302, 304B, 498A read with sec. 34 of IPC. 4. The learned Counsel for the applicants contends that for last 1-1/2 year, the applicants are in custody and there is no progress in the trial. Even charge is not framed. He also pointed out from the post-mortem reprt that it was a case of hanging which indicated suicide and not a case of strangulation or throttling indicating murder. He pointed out that Section 302 IPC has been unnecessarily invoked by the police merely because the complainant happens to be a police Patil. This aspect can be looked into by the trial Court at the time of framing of charge. Admittedly, there was no eye-witness and the post-mortem report indicates that it was a case of hanging. Even if it is assumed that it was not a murder, it may be a case of suicide and because of the allegation that deceased was being treated with cruelty on account of demand of Rs.50,000/-, the case may fall under Sections 306 and 304B IPC. Even if it is so, taking into consideration the circumstances, it will not be in the interest of justice to grant bail at this stage. In my opinion, purpose will be served if the trial Court is directed to expedite the trial of the case. 3 Cri-A-3974-10.sxw 5. For the aforesaid reasons, the bail application stands rejected. The learned Sessions Court at Kalyan shall expedite the trial of sessions Case No.241/2009, arising out of Crime No.103/2009 of Badlapur Police Station, and dispose of the same as early as possible, and preferably before the end of April, 2011. (J.H.BHATIA,J.)