1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3742 OF 2009 1. Suresh Marutrao Nagawade 2. Smt. Chandrakala Suresh Nagawade 3. Smt. Archana Kishore Nagawade ........ Applicants versus The State of Maharashtra ........Respondent. Mr. Vilas B. Tapkir adv. for the Applicants Mr. H.J. Dedhia APP. for the Respondent/State. Mr. Vikas Shivalkar for original complainant. CORAM: A. P DESHPANDE, J. DATED : 20th August, 2009. P. C.: 1. Heard. Heard Shri Vikas Shivalkar also for intervener. 2. This is an application for grant of bail under section 439 of Cr.P.C. The applicant no.1 is the father­in­law, applicant no.2 is the mother­in­law and the applicant no.3 is the sister­in­law of the deceased. Perusal of the FIR reveals that the deceased was married to one Pravin on 15­4­2008 and thereafter she went along with her husband to reside together. After about a month of 2 the marriage, the husband of the deceased, the brother­in­law and the present applicants, are stated to have ill­treated the deceased by not permitting her to take up a job in a hospital wherein she was desirous of working, being a doctor. The deceased possess qualification of BAMS and it appears that she was keen to take up a job in the hospital or to carry on a private practice. In so far as the ill­treatment or cruel treatment is concerned, this is all what has been said against the accused that they did not permit her to take up a job in the hospital. There is no mention of any other act on the part of the accused in regard to the ill treatment. Within few days the deceased had gone to reside with her parents and on 15th June 2009 accused no.1 Pravin, the husband of the deceased had been to the residence of the parents of the deceased. The accused no.1 Pravin and the deceased had discussion for about two hours and thereafter the accused no.1 Pravin is stated to have informed the father of the deceased that he wants to take her along with him. He had also given assurances that he will treat her well and will also permit her to carry on the medical practice in a dispensary set up by the father of the deceased. After the accused no.1 brought the deceased back on 21­6­2009, it is stated in the FIR that she continued to stay in the company of the husband and her in laws till 19th July 2009 and in the intervening period the father of the deceased had visited her on 26­6­2009 and 10­7­2009 and at that time the deceased had informed him that there is not much change in the behaviour of her husband and her in laws. She had informed that no one talks to her and at times 3 Pravin, talks curtly. The accused no.1, the husband of the deceased, and the brother­in­law have not moved any application. They continue to be in judicial custody. The sister in law of the deceased i.e. applicant no.3 herein, is the wife of brother of Pravin and she is staying along with her husband at some other place, and she has a small child aged less than three years and the child as well is in custody along with the mother. 3. In this view of the matter, the present application for bail on behalf of applicant no.3 is not opposed by the learned counsel appearing for the complainant. in all fairness. The application in so far as applicant nos. 1 and 2 are concerned, the same is opposed. Pravin and his brother Kishore are already arrested. Applicant no.1 is aged about 62 years and applicant no.2 is aged about 59 years. There is hardly anything in the FIR which goes to attribute any act of cruelty or ill­treatment to the present applicants. Prima facie I am of the view that the applicants are entitled to be released on bail. Hence I pass the following order. 4. The applicants shall be released on bail in C.R. No. 225/09 registered with Dehu Road police station, Pune for offence under sections 498­A, 306 read with 34 of IPC, on executing personal bond in the sum of Rs. 20,000/­ each with one or two sureties in the like amount. The applicant no.1 shall attend Dehu Road police station once a week in between 4 to 6 p.m. till filing of the charge sheet. Whereas the applicant nos.2 and 3 shall attend the police station as and when so directed by the investigating officer. 4 The application is disposed of. (A. P. Deshpande, J.)