IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3730 OF 2009 Iqbal Hafijulla Momin ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.M.K.Kocharekar, Adv. for the applicant. Ms.S.D.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 1st October, 2009. PC: This is an application moved by Iqbal Hafijulla Momin for regular bail under section 439 of Cri.P.C. The applicant is the father-in-law of the deceased by name Shabina Ashfaq Momin. The deceased was married to Ashfaq Momin who is son of the present applicant in December, 2005. The deceased expired on 18.10.07. On the basis of certificate issued by the concerned doctor the body came to be buried as the cause of death was opined to be a heart attack. The body of the deceased thereafter was exhumed and post mortem was conducted. In the post mortem report the cause of death is stated to be due to asphyxia due to strangulation. Hence FIR for the offence punishable under section 302 of IPC came to be lodged on 6.3.08 by police officer and therein 11 persons are named who have allegedly conspired in committing the murder of the deceased on account of her failure to bring money from her parents’ place. All other accused are released on bail barring husband of the deceased and the present applicant-father- in-law. 2. According to the learned counsel for the applicant the present 1 applicant has two wives and has children from the both the wives. Both the wives of the applicant are staying separate at different places. According to the applicant Ashfaq is son borne to the first wife of the present applicant and he is staying along with first wife whereas the present applicant is staying along with second wife and her family. The applicant has placed on record certain documents such as ration card, driving licence etc. to demonstrate and substantiate his case that the applicant is staying along with his second wife and did not stay at the relevant point of time along with his son Ashfaq. The correct residential address of the applicant is also recorded in the arrest panchnama and the same is of the place where the second wife stays. The prosecution is placing reliance on the statements of mother and sister of the deceased to contend that prior to her death she was subjected to ill treatment both physical and mental at the hands of the husband of the deceased and his family members. Against the present applicant thus the only circumstance on which the prosecution is basing its case same is in regard to meeting of cruel treatment or ill treatment prior to death at the hands of family members. There are no eye witnesses in the present case and prima facie there is hardly any circumstance available against the present applicant which could connect the applicant to the crime. Thus the material available against the applicant is ill treatment to the deceased by family members with a view to pressurize the deceased to bring money from her parents’ house and the post mortem report which records the case of death to be on account of asphyxia due to strangulation. There is no other circumstance available against the applicant. The applicant is in custody for almost one and half years. The trial is not likely to commence soon. The investigation is over and charge sheet has also 2 been filed. Thus there is no need for any custodial interrogation of the applicant. All other accused barring husband of the deceased are already released on bail. The investigating officer has also made inquiry touching the residence of the applicant in view of documents placed on record such as ration card and driving licence. Learned APP on instructions from IO submits that the statement of the applicant’s second wife has been recorded touching residence of the applicant and it has been found that ordinarily the applicant did reside with his second wife. However occasionally he used to visit the residence of the first wife where Ashfaq the son was staying. Having regard to the facts and circumstances of the present case, I am of the opinion that the applicant has made out a case for grant of bail. In the result I pass the following order: The applicant-Iqbal Hafijulla Momin shall be released on bail on executing personal bond in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall attend the concerned police station once in fortnight on every alternate Saturday between 4.00 p.m. to 6.00 p.m. Till conclusion of the trial. Application stands disposed of. 1.10.2009. 3