sat 1 cri.appln 1075-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1075 OF 2011 Savita Balasaheb Devkar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kishor Gaikwad and Ujawala S. Waychal for the Applicant. Mr.P.S. Hingorani, APP for the State. CORAM : M.L. TAHALIYANI, J. (VACATION COURT JUDGE) DECEMBER 27, 2011 P.C. :- 1 Heard Mr.Gaikwad, learned Counsel for the applicant and Mr.Hingorani, learned Additional PP for the State. 2 The applicant is apprehending arrest in FIR registered vide CR No.160/2011 with Vairag Police Station, Taluka Barshi, District Solapur, for the offences punishable u/ss. 498A, 302 r/w. 34 of IPC. 3 The deceased admittedly died at her matrimonial home. She was completely charred to death. The complainant i.e. father of the deceased, however, suspected that she was strangulated and thereafter with an intention to sat 2 cri.appln 1075-2011 destroy the evidence, her dead body had been burnt by her husband, his brother and relatives of the husband. 4 It is submitted that the applicant stays in other village i.e. 15 kms. away from the place of incident. She has nothing to do with the internal dispute at the house of her brother and she has been falsely implicated in this case by the parents of the deceased. 5 I have gone through the FIR. There are allegations against the applicant in the FIR itself. Though the applicant is staying away from her brother's house and though it is claimed that she was not present on the date of incident, Section 34 of IPC has been applied by the Investigating Agency and they shall be given free hand to investigate the alleged offence particularly, when the deceased was found completely burned and her ornaments were missing from the body. I do not think this to be a fit case for grant of bail u/s. 438 of Cr.P.C. 6 Application is rejected. (M.L. TAHALIYANI, J)