(1) CRI.APP. 4140.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4140 OF 2010 Suresh alias Sopan S/o Murlidhar Khatal, Age : 57 years, Occu.: Agri. and Service, R/o Nimgaon Khurd, Tq. Sangamner, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent ... Mr. S.T. Shelke, Advocate for the Applicant Mr. P.P. More, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. 2. The applicant is father-in-law of deceased Smt. Ratnamala. 3. Having heard learned Advocate for the applicant and learned APP and on perusal of the investigation papers, it prima facie appears that deceased Smt. Ratnamala and her husband i.e. (2) CRI.APP. 4140.2010 Chandrakant were residing separately since about couple of years before her death. There is also prima facie evidence gathered during course of investigation to show that the neighbours did not corroborate the story regarding the alleged matrimonial cruelty. Cousin of the deceased by name P.W. Poonam also did not corroborate the story regarding the alleged matrimonial cruelty, much less, involvement of the applicant in the alleged crime of the dowry death. Under the circumstances, the arrest of the applicant is uncalled for. Since it may amount to his arrest without being reason or ground. For the purpose of abetment of the suicide, there ought to be some overt act which can amount to intentional aiding the deceased to end her life. That prima facie appears to be absent qua the applicant. 4. In this view of the matter, Application is allowed. The ad-interim order dated 18.10.2010 is confirmed and the applicant is directed to be released, in the event of his arrest, on the same terms as shown in the earlier order dated 18.10.2010 (3) CRI.APP. 4140.2010 with further condition that he shall attend the concerned Police Station as and when called for the purpose of investigation and shall co-operate with the Investigating Officer and shall make no attempt to tamper with the prosecution evidence. Application disposed of. Sd/- [V. R. KINGAONKAR, J.] arp