IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3806 OF 2009 Ariba Rafique Shaikh Rafique Hanif Shaikh ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Amin Solkar, Adv. for the applicants. Ms.M.R.Tidake, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: After hearing learned counsel for the applicants for quite some time learned counsel for the applicants does not press the application so far as applicant No.2-Rafique Hanif Shaikh is concerned. Hence application of applicant No.2 stands rejected as not pressed. 2. The present applicants are arrested on 24.1.09 and are in custody since then. The applicant No.1 is wife whereas applicant No.2 is her husband. CR No.I-25/09 came to be registered with Bhiwandi city police station initially for the offence punishable under sections 304B, 306, 498A, 323, 504, 506 read with section 34 of IPC as it is stated in the FIR lodged by father of deceased that the deceased had committed suicide. However after receipt of post mortem report section 306 came to be deleted and at its place section 302 has been added, thus changing the offence from suicide to murder. 3. Brother of the present applicant No.1 by name Shiban was married to one Afrin daughter of first informant-deceased. FIR in regard to suicide was lodged by father of the deceased as he was informed by husband of the deceased that Afrin had committed suicide. 1 Perusal of the post mortem report shows the cause of death to be cardio respiratory failure due to asphyxia. The husband of the deceased so also husband of applicant No.1 who are male members are already in custody. The dead body was seen hanging. 4. The present applicant No.1 is a woman aged about 23 years having a child of two years. She is in custody since January, 2009. Learned counsel has submitted that investigation is complete and charge sheet is also filed. It is submitted that no purpose would be achieved by keeping the applicant No.1 in detention till completion of the trial as the same is likely to take few years. Having regard to the age of the applicant No.1 and the fact that she has two year old child to look after and having regard to facts and circumstances of the case on record I deem it appropriate to release the applicant No.1 on bail. In the result I pass the following order: Application of applicant No.1-Ariba Rafique Shaikh is allowed. Application of applicant No.2-Rafique Hanif Shaikh stands rejected as not pressed and liberty is granted to applicant No.2 to move fresh application after some time. Applicant No.1 shall be released on bail on executing personal bond in the sum of Rs.20,000/- with one or two sureties in the like amount. The applicant is permitted to deposit the bail amount in cash for a period of three weeks within which period the applicant No.1 shall furnish sureties. Application stands disposed of. 17.9.2009. 2