FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2179 OF 2009 with CRIMINAL APPLICATION NO.2531 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Smt. S.S.Jadhav, Adv., for applicant in Criminal Application No.2179/2009 Mr.P.B.Rakhunde, Adv., for the applicant in Cri.Application No.2531/2009. Mr.P.M.Shinde, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/7/2009 P.C.:- 1. Heard Mr. P.B.Rakhunde, Advocate, for the complainant, father of the victim. The complainant desires to assist learned A.G.P. Considering the feelings exploded, the application (No.2531/2009) is allowed. 2. Heard learned Counsel for the accused/applicants (Criminal Application No. 2179/2009), aged 65 and 60 years, in-laws of deceased Sarika and parents of Sharad. The Counsel submits, the incarceration of the accused will not play any role in the matter, as they have been roped in with Sharad, husband, in the offence. 3. The bickering in the matrimonial relations of Sarika, based on dowry and particularly, supply of a motor cycle, is indicated by the parents of the deceased. The parties were not sailing well, resulting in intervention of the relations and settlement, followed by writing by the husband to treat wife Sarika in a well mannered decent behaviour. However, the pale hopes carried by the parents and even the deceased Sarika turned into futility as the roses which were projected turned into thorns, taking precious life of Sarika. The post mortem notes cannot be just ignored which illustrate that there was a fracture of hyoid bones. Larynx and trache also suffered. The ribs and cartilages had the fracture and the lungs were found congested. The fracture could not have been barely due to fall in the well. It was by application of an independent weapon with brutality in mind. At this stage of the matter, the role of the present accused/applicants being indicated, their ages, by itself, will not be a parameter to consider the application by applying proviso to Section 437 of Cr.P.C. The manner in which the crime is committed, wherein death of Young Sarika has been culminated, at this stage, does not warrant release of the accused/applicants, though they are in magisterial custody from 24.11.2008. The observations are prima facie in nature. . Application is rejected. (K.U.CHANDIWAL) JUDGE agp/crapln2179-09