IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3264 OF 2009 Rajesh Attar Kanojia Attar Nanku Kanojia........ Applicants versus The State of Maharashtra ........Respondent. Mr. H.R. Sharma adv. for the Applicants Mr. P.P. Shinde APP for the Respondent/State. Mr. Mayur S. Sonawane for ori.complainant/intervener. CORAM: A. P DESHPANDE, J. DATED : 24th July, 2009. P. C.: 1. After hearing the matter at quite some length, the learned counsel for the applicants makes a statement that the present application to the extent it relates to applicant no.1 is not pressed. It is also submitted that the applicant no.1 would surrender within a period of four days from today. 2. The advocate Mr. Mayur Sonawane for the complainant is permitted to intervene and is heard. 3. The applicant no.1 was married to one Arti on 2-1-1999. Two daughters are born out of the marital wedlock and they are now aged nine years and six years respectively. The wife of the applicant no.1, according to the prosecution, consumed poison in the night of 9-1-2009 and she expired. After a period of about more than four months the complainant lodged FIR against the applicants and thus C.R. No. 84/09 came to be registered for offence under sections 498-A and 306 read with 34 of IPC. Apprehending arrest the present application has been filed. Applicant no.2 is the father of applicant no.1. According to the prosecution, the relations of the applicant no.1 and deceased were strained over a period of time as the applicant no.1 and his family members were suspecting that she was having extra marital affair with the cousin brother of applicant no.1. It is stated in the complaint that on account of the said suspicion, the deceased was being illtreated and harassed. It is also the case of the prosecution that the applicant and his family members were demanding money from the parents of the deceased and the deceased is said to have committed suicide on account of harassment by the applicant. 5. Perusal of the statements of the children of the deceased recorded by the police, clearly reveals that the applicant no.2 had gone out of the room for sleeping and only four persons were in the bed room i.e. applicant no.1 the deceased and the two children. After perusing the material on record, I think the custodial interrogation of the applicant no.2 viz. the father of the applicant no.1 is not necessary. The age of the applicant no.2 is 65 years. Hence the application is partly allowed. It is dismissed in so far as the applicant no.1 is concerned as not pressed. To the extent it relates to applicant no.2 is is allowed. Having regard to the totality of the facts and circumstances, I direct that in the event of arrest of applicant no.2 Attar Nanku Kanojia in C.R. No. 84/09 for offence under sec. 498A, 306 read with 34 of IPC by Colaba police station, he shall be released on bail on execution of Personal Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. The applicant no.2 shall attend police station, Colaba for a period of one week daily between 4 to 6 p.m. The applicant shall abide by the conditions stipulated under 438(2) of Cr.P.C. (A. P. Deshpande, J.)