abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3997 OF 2007 1. Krishna Bapu Shingole 2. Govind Bapu Shingole .. Applicants V/s The State of Maharashtra .. Respondent Mr.A.P. Pitale for the applicant. Mr.S.S. Pednekar, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 14TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicants seek pre-arrest bail in connection with the crime registered with Shahapur Police Station under C.R. No.I-186/2007 for the offence punishable under section 306 and 498-A read with 34 of the Indian Penal Code. 3. The applicant no.1 is the husband and the applicant no.2 is the brother in law of the deceased. - 2 - Marriage between the applicant no.1 and the deceased took place 10 years ago. The deceased died due to burning on 19th November 2007. FIR was lodged by the brother of the deceased that she had been harassed as she had not conceived a child. The applicant used to taunt her and had told her to bring Rs.25,000/- from her parents as she had not conceived a child. According to the FIR, the deceased committed suicide on account of harassment caused to her by the applicant no.1 and his family members. 4. More than 10 years have passed since the marriage. Hence, presumption under section 113-A of the Evidence Act is not applicable. During the period of 10 years, no complaint was lodged by the deceased or her relatives regarding the alleged harassment. 5. Both the applicants are government servants and are employed in the Central Railway. If any of the applicants is arrested and detained in custody, he would be likely to be suspended from service. Harm done by arrest may not be undone even if the applicants are subsequently acquitted after trial. The applicants have permanent place of residence and it is unlikely that they would not be available for trial. 6. Taking into consideration all these facts, in my - 3 - view, the applicants are entitled to pre-arrest bail. Hence, I pass the following order. ORDER ORDER ORDER In the event of the arrest of the applicants or any of them in connection with the offence mentioned above, each of the applicants shall be released on bail on executing personal bond of Rs.20,000/- with one or two sureties of the aggregate amount of Rs.20,000/-. This order shall come to an end after the charge sheet is filed whereupon the applicants may, if they so desire, apply for regular bail before the regular court. (D.G. KARNIK, J.)