1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application No. 1513/2009 (Ramabai Vinayakrao Gundale & another VERSUS State of Mah., thr. PSO Kotwali, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Jaltare, counsel for the applicants. Shri N.W. Sambre, Public Prosecutor for the respondent. CORAM : R.K. DESHPANDE, J. DATE : MAY 15, 2009. Heard the learned counsel for the applicants and the learned Public Prosecutor for the respondent- State. By consent of parties, the matter is taken up for final disposal as the reply is already filed by the respondent- State and grant of any interim order would conclude the issue involved in the application. The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of bail in respect of the offences punishable under Section 306, 498-A, 34 of the Indian Penal Code as well as under Section 3 and 4 of the Dowry Prohibition Act registered at Police Station Kotwali, Nagpur vide Crime No.30/2009 on 13.03.2009. The offences were registered on the receipt of 2 the report of the complainant one Smt. Geeta wd/o Dashrath Bagne, the mother of deceased Sunita, who committed suicide on 13.03.2009 in her matrimonial house situated at Tirupati Bhawan, Room no.4, First floor, Zenda Chowk, Nagpur by hanging herself by rope. The applicant no.1 is the mother-in-law and the applicant no.2 is the sister-in-law of deceased Sunita. The allegation in the complaint filed by Smt. Geetabai was that the applicants along with the husband of deceased Sunita, named Kishor, used to harass her by demanding Rupees One Lac from her parents. The applicants had moved an application, under Section 439 of the Code of Criminal Procedure, being Miscellaneous Criminal Application No.540/2009 before the Sessions Court at Nagpur for grant of bail. However, it was rejected by an order dated 31.03.2009 holding that as the deceased committed suicide within a span of three months, there was a prima-facie case for demand of money. It has been observed in the order that the statements of independent witnesses are recorded and investigation is in progress. This application is opposed by the respondent- State on the ground that the Investigating Agency has 3 recorded the statements of various witnesses, the incident has occurred within a span of three months from the date of marriage, the investigation is in progress and if the applicants are released on bail, there is a strong possibility of tampering with the prosecution witnesses. I have gone through the reply filed by the respondent. Except the vague allegations against the applicants, there is no material placed on record to arrive at a prima-facie conclusion that the applicants are involved in the offence of demand of dowry. Be that as it may. The statements of various witnesses are already recorded and there is no basis for apprehension that the applicants are likely to tamper the prosecution witnesses. In view of the fact that both the applicants are ladies and the applicant no.1 being aged about 60 years, the interest of justice would be met if they are released on bail on imposing conditions. Hence, I pass the following order. Applicants shall be released on bail in respect of the offences under Section 306, 498-A, 34 of Indian Penal Code read with Section 3 and 4 of the Dowry Prohibition Act registered vide Crime No.30/2009 at Police Station, Kotwali, Nagpur upon the following conditions. 1. The applicants shall furnish P.R. Bond of 4 Rs.10,000/- each with one surety each in the like amount. 2. The applicants shall attend the Police Station Kotwali, Nagpur as and when they are called by the Investigating Officer. 3. The applicants shall not leave the municipal limits of the City of Nagpur without previous intimation to the Investigating Officer and obtaining his acknowledgment. 4. The applicants shall furnish the address of their residence to the Investigating Officer. 5. The applicants shall abide by all other conditions as are stipulated under Section 438(ii) of the Code of Criminal Procedure. The application is, thus, allowed in the aforesaid terms and disposed of. No order as to costs. JUDGE APTE