IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 173 OF 2009 Dilip Govind Daund ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Milind Deshmukh for Applicant Mr.S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 19TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant apprehends arrest in connection with an offence registered with Karmala Police Station vide C.R. No.292 of 2008 for the offence punishable under sections 306, 498-A, 323, 504 r/w.34 of the Indian Penal Code. 3. It is submitted that the Applicant is a distant relative of husband of the deceased Sarika and he was residing separately along with his wife and children for the last 14 years. It is submitted that on account of political rivalries his name has been mentioned in the complaint. 4. The prosecution case is that the deceased Sarika committed suicide whereas it is the case of the Applicant and others that she accidently failed in the well and died on account of drowning. 5. The Applicant has annexed his ration card which indicates that he is residing separately. The fact that he had won the election of Grampanchayat and had defeated the maternal aunt of the deceased Sarika, is not disputed by the prosecution. The other co-accused has been granted bail by this Court by order dated 9th February, 2009 in Criminal Application No. 175 of 2009. The said Applicant was the brother-in-law of the deceased and was also staying separately in different room. Since the Applicant is a distant relative of husband of the deceased, who was staying separately, it does appear that the name of the Applicant has been mentioned in the complaint out of spite. 6. It has been observed that in such cases normally the name of all the family members of the in-laws is mentioned though they are not connection with the said incident. Under these circumstances, in the event of the Applicant's arrest in connection with C.R. No.292 of 2008 registered at Karmala Police Station for the offence punishable under sections 306, 498-A, 323, 504 r/w.34 of the Indian Penal Code, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station, as and when called. 7. Application is disposed of. V.M. KANADE J.