1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 231 OF 2011 ( Mohd Ismail Abdul Rahim & Nazmabi Mohd Ismail Vs. State of Mah. PSO PS Channi Distt. Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. J. Mirza Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 22nd JULY, 2011. . Applicants 1 and 2 who are co-accused in Crime No. 26 of 2011 registered with the Police Station Channi Taluka Patur District Akola, for the offence punishable under Sections 306, 498- A and 304-B of Indian Penal Code, are seeking bail. Sajeda Khanam-deceased married Javed on 24.11.2010. Javed is son of applicants. After marriage she started residing with her husband and her in-laws in village Alegaon. Javed was interesting in operating taxi and to buy the taxi he was in need of financial help. Therefore, there was demand of Rs. 50,000/- from the parents of the deceased. On 21.04.2011, deceased consumed poison while she 2 was in her in-laws house and died. On the basis of the F. I. R. lodged by her father an offence came to be registered. Learned counsel for the applicant submits that, both the applicants are innocent. They do not reside with Javed. Place of residence is away from the place of residence of Javed. He relied upon the tax receipt showing that the applicant stays in house no. 720. On perusal of the F. I. R. it appears that the deceased had made complaint to her parents about illtreatment meted out to her, not only by her husband-Javed but also by father-in-law. After the incident when father of the deceased met her she had disclosed about illtreatment at the hands of her husband and her in-laws. In that light of the matter learned Additional Sessions Judge was justified in rejecting their application for pre-arrest bail. Although there are similar allegations against both the applicants, the applicant no.2 who is lady aged about 60 years needs different treatment. Hardly, she would have played any role in subjecting the deceased to cruelty or in illtreating the deceased. Even otherwise also, nothing substantial would be achieved by taking the lady of 60 years in custody, particularly when she is not the main culprit or even a pari-delicto. At this stage the learned counsel for the applicants seeks 3 permission to withdraw the application, so far as it relates to, applicant no.1. Permission as prayed for is granted. Application of the applicant no.1-Mohammad Ismail Abdul Rahim is dismissed as withdrawn. In the event of arrest of applicant no.2-Nazmabi Mohammad Ismail in Crime No. 26 of 2011, she be released on her executing PR bond in the sum of Rs. 5000/- with one surety in the like amount. Whatever observations made while disposing of this application shall be deemed to have been made for the purpose of this application only. Hamdast allowed. JUDGE svk 4 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.