1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.212 OF 2010 1. Sheshrao S/o.Maroti Londhe, Age-38 years, Occu-Labour, R/o.Yerol, Tq.Shirur Anantpal, Dist. Latur, 2. Pralhad S/o.Maroti Londhe, Age-34 years, Occu-Labour, R/o.Yerol, Tq.Shirur Anantpal, Dist. Latur, APPLICANTS VERSUS 1. State of Maharashtra, 2. The Superintendent of Police, Latur, Dist. Latur, 3. The Police Station, Shirur Anantpal, Through Police Inspector, Shirur Anantpal, Tq.Shirur Anantpal, Dist. Latur RESPONDENTS Mr.V.N.Damle h/f. Mr.K.K.Kulkarni, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 27/01/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court for their release on bail in connection with CR No. 116/2009, registered in Shirur Anantpal Police Station of Dist. Latur for an alleged offence punishable u/s. 302, 498 r/w. 34 of IPC, in which the applicants came to be arrested on 29/09/2009. In the said crime, after completion of investigation, charge sheet appeared to be filed on 30/11/2009. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. Perused the papers of investigation till carried out. 3. From the post mortem report, it appears that the death of deceased Ranjana was caused due to drowning. The probable cause of death shown in the post mortem notes is death may be due to throttling. The incident as per the FIR took place at the residence of matrimonial house of deceased where she was residing with her husband. 4. During the course of submissions, two points were raised by the counsel for applicants. First, these applicants are not residing at the matrimonial place where Ranjana was reported to be dead as per the complaint and the statement of witnesses. Second, there is no eye witness to the said incident, but the case rests on the circumstances and third, as these applicants are not residing at matrimonial residence of deceased, there is no question that Ranjana was harassed at the hands of these applicants on demand of dowry. 3 Considering the papers of investigation, it appears that there is substance in the submissions of learned counsel appearing for the applicants that the case rests on the circumstances and no such circumstances were brought on record to show that at the time of alleged incident, either these applicants were present at the spot or the incident occurred at their instigation. If it is so, as the investigation is already over and charge sheet is filed, it is not desirable to keep these applicants for uncertain period behind the bars. 5. A case is made out to enlarge the applicant accused on bail with certain conditions. O R D E R 1. Application is allowed. 2. 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 leave the local jurisdiction of police station or the Court of Sessions without previous permission in writing from the concerned authority. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.212-10