1 Criminal Application No.1821/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1821 OF 2011 Dnyaneshwar s/o Bhiva Lavate & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Jadhavar, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 4th May, 2011 PER COURT : 1. Heard finally. The accused/ applicants, husband, father-in-law, mother-in-law and sister-in-law, in custody from 1.4.2011, in Crime No.I-51/2011, registered at Shrigonda Police Station, for an offence under Sections 302, 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, have urged for bail. 2. In an unfortunate event, Ushabai expired on 3.9.2010 due to fall in the well. It was reported to be an accidental death by her husband. After six months, on 6.3.2011, 2 Criminal Application No.1821/2011 report is lodged by Balu @ Vishnu, the father of Ushabai. The statements recorded of the witnesses do not implicate the accused as to homicidal death of the deceased. The post mortem notes inform, “Opinion is reserved, Vicera sent for chemical examination.” The deceased was found with digested food in her stomach, small intestine and large intestine. There was presence of soil in right hand. No palpable fractures noticed, no injuries to external genitalia was noticed. There was reddish tinged froath from her nostrills and mouth. Considering these aspects, the theory as advanced by the accused/ applicants of accidental falls assumes importance. Though investigation is said to be in progress, however, the accused are not carrying any criminal record and sufficiently faced custody from 1.4.2011. hence, deserve bail. Hence order : O R D E R The accused applicants Dnyaneshwar s/o Bhiva Lavate, Sumanbai w/o Bhiva Lavate, Vasant s/o Tukaram Lavate and Sarlabai d/o Bhiva Lavate be released on their furnishing P.R. bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand) each. The accused/ applicant Dnyaneshwar s/o Bhiva Lavate shall attend the investigator on every Sunday between 3.00 p.m. to 6.00 p.m. till 31st July 2011. 3 Criminal Application No.1821/2011 The accused/ applicants shall stay at village Junapani, Taluka Chalisgaon, District Jalgaon and shall not visit village of the complainant till conclusion of the trial. Application allowed and finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri11821.11