1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2501 OF 2010 1. Sunil Govindrao Taur, Age-47 years, Occu-Agriculture, R/o.Kalegaon Thadi, Tal.Mazalgaon, Dist. Beed. 2. Chandrakant S/o.Sampatrao Borade, Age-51 years, Occu-Agriculture, R/o.Patoda, Tal.Mantha, Dist. Jalna, At Present Aurangabad. 3. Sadhana W/o.Chandrakant Borade, Age-45 years, Occu-Household, R/o. as above. 4. Satish S/o.Ambadas Patil, Age-47 years, Occu-Labourer, R/o.Datta Nagar, Beed, Dist. Beed. 5. Chhaya W/o.Satish Patil, Age-39 years, Occu-Household, R/o. as above. 6. Nanasaheb S/o.Dattasaheb Deshmukh, Age-45 years, Occu-Agriculturist, R/o.Karla, Tal. and Dist. Jalna 7. Alka W/o.Nanasaheb Deshmukh, Age-37 years, Occu-Household, R/o. as above. 8. Dhananjay @ Papa Narsingh Solanke, Age-34 years, Occu-Agriculture and Business, 2 R/o.Sadola, Tal.Majalgaon, Dist. Beed 9. Prakash S/o.Govindrao Taur, Age-35 years, Occu-Lecturer, M.I.T. College, Aurangabad, R/o.Kalegaon Thadi, Taluka Majalgaon, Dist. Beed, At Present R/o.Aurangabad APPLICANTS VERSUS The State of Maharashtra Through Police Station Officer, Police Station, Majalgaon, Tal.Majalgaon, Dist. Beed. RESPONDENT Mr.S.G.Chapalgaonkar, learned counsel for applicants. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail, in the event of their arrest in connection with CR No.93/2010, registered in Majalgaon Police Station. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the said complaint came to be lodged by 3 Meerabai Baliram Taur. It is alleged that Baliram who was expired on 24/03/2010, had house as well as landed property at Kalgaon Thadi, as well as in the area of Majalgaon Nagar Parishad. It is alleged that Baliram had another wife by name Shantabai, who has 4 daughters. Out of those 4 daughters, applicant no.3, 5, and 7 and their husband had been to the residence of complainant, where she was residing with deceased Baliram. These applicants forced deceased husband of complainant to alienate the house property situated at Majalgaon in their name and for that purpose, they were taken to Aurangabad. The incident was reported by the complainant to her brother on cell phone. It is further alleged that thereafter the complainant and her husband were brought to Beed, where some documents were executed and on that basis, revenue record was changed. During this period, the applicants continuously assaulted the husband of the complainant and due to that, he expired on 24/03/2010. According to the complainant, these applicants are responsible for the death of her husband Baliram. According to her, she had lodged one complaint against these applicants in Majalgaon Police Station on 09/04/2010, but no action was taken, but assured to take the action. Finally, when the complainant put her grievance, as to why no action was initiated against the applicants, then she was told to lodge the complaint in Criminal Court. Accordingly on 07/06/2010, private complaint bearing Misc.Cri.Appl.145/2010 was lodged by the complainant in the Court of J.M.F.C. Majalgaon, in which order came to be passed of investigation u/s. 156(3) of The Cr.P.C. On the strength of this order, the said offence came to be 4 registered against these applicants, in which applicants are before this Court for their release on anticipatory bail. 4. It is urged across the bar on behalf of these applicants that as the complainant claimed to be the third wife of deceased Baliram, whose age is 42 years while the age of deceased was 80 years. As in law, she is not entitled for any share in the property left by the deceased, by using pressurized tactics like filing of this complaint, she want to scroll her claim over the property of the deceased. It is also submitted across the bar that the younger daughter of Shantabai by name Vanita had filed suit for partition and separate possession in the Court of C.J.S.D. Majalgaon bearing Spl.C.S.No. 11/2010, in which after suit summons were served on this complainant, this complaint came to be lodged at belated stage. 5. The allegations in the complaint are not supported by the statements of the neighbourers which were recorded during the investigation. So far as the stay of complainant at Aurangabad in the first week of March 2010 is concerned, statement of the hotel owner was recorded, but it also do not support the allegations against these applicants, and if it is so, then this is a fit case where discretionary relief can be granted in favour of applicants. Hence order - O R D E R 1. Application is allowed. 5 2 In the event of arrest of applicants in connection with CR No. 93/2010, registered in Majalgaon Police Station, applicants be released on anticipatory bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. Within meantime, applicants to co-operate the investigation agency. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2501-10