1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1951 OF 2010 1. Balasaheb S/o.Wamanrao Ghule, Age-55 years, Occu-Service, R/o.Beed, Tal. and Dist. Beed 2. Pratibha W/o.Balasaheb Ghule, Age-42 years, Occu-Household, R/o.Beed, Tal. and Dist. Beed 3. Wamanrao S/o.Patloba Ghule, Age-85 years, Occu-Agriculturist, R/o.Koshtgaon, Tal.Renapur, Dist. Latur. 4. Sharda W/o.Vaijnath Nagargoje, Age-45 years, Occu-Household, R/o.Venkateshnagar, Latur, Dist. Latur APPLICANTS VERSUS The State of Maharashtra RESPONDENT Through Police Inspector, Police Station, MIDC Latur, Tal. and Dist. Latur. Mr.S.S.Thombre, learned counsel for applicants. Mr.K.S.Patil, learned APP for State Mr.S.G.Jadhavar, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 11/06/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court for their release on regular bail, in connection with CR No. 99/2010, registered in Latur Police Station, Dist. Latur for the offence punishable u/s. 498A, 306, 323 r/w. 34 of IPC. Applicant no.1 is brother in law of deceased, applicant no.2 is wife of applicant no.1, applicant no.3 is father in law of deceased, and applicant no.4 is sister in law of deceased. From the addresses given in the title cause, it appears that applicant no.1 and 2 are residing at Beed, while applicant no.3 is residing at village Koshtgaon, and applicant no.4 is residing at Venkateshnagar, Latur, 2. Heard learned counsel for applicants, learned APP for State, and learned counsel for original complainant. 3. Perusal of the papers of investigation discloses that the alleged offence came to be registered on the complaint of one Tulshiram Shirsath, the father of deceased, as death of Kavita was caused due to hanging at her residential premises, who is residing at Sai Road, Latur. Admittedly, she got married with Lalasaheb Waman Ghule about 12 years back and having 1 son, aged about 10 years, and one daughter aged about 7 years. Due to internal dispute between family of applicants and the deceased, some complaints were lodged against the family members of applicants. Thereafter, the deceased and her husband started residing separately about 1 year before the alleged incident. Before the alleged incident, admittedly, these applicants were not residing together, or the deceased was not residing in the company of these applicants, or was not in the custody of these 3 applicants. From these facts, one fact is clear that even though the death of deceased Kavita is un-natural death, soon before her death, there are no instances of instigation to commit suicide at the hands of these applicants, as there are no allegations to that effect in the complaint. Merely because their names are implicated in the complaint, they came to be arrested on the very day, at the time of funerals of deceased Kavita. In view of this, case is made out to enlarge the applicants on bail, hence order : O R D E R 1. Application is allowed. 2. All the applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After released on bail, applicants not to contact the prosecution witnesses and not to tamper the evidence of prosecution. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1951-10