1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.87 OF 2010 1. Waman S/o.Harising Rathod, Age-30 years, Occu- Agriculture, R/o.Kolgao Tanda, Tq.Renapur, Dist. Latur 2. Jaising S/o.Harising Rathod, Age-30 years, Occu-Agriculture, R/o.Old Ausa Road, Latur, Dist. Latur APPLICANTS VERSUS The state of Maharashtra, RESPONDENT Mr.C.R.Deshpande, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 20/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 155/2009, registered in Renapur Police Station for the offence punishable u/s. 306, 498-A, 323, 504, 506 r/w. 34 of IPC, in which these applicants came to be arrested on 16/12/2009. 2 2. Heard learned counsel for applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation. The fact is clear that the investigation is in progress and the charge sheet is yet to be filed. The alleged incident occurred on 15/12/2009 as the wife of applicant no.1 Shalubai committed suicide by jumping in the well on the ground of harassment from the husband and in laws as there is demand of money from the side of applicant no.1 and his relatives to the side of victim and her parents. From the statement of witnesses still recorded, it appears that a day prior to the alleged incident i.e. 14/12/2009, quarrel took place and during that quarrel, threats were given to the brother of deceased that on the next day, he will not see the face of the victim Shalubai, the wife of the first applicant. Considering this fact, but at the same time, the role alleged against the 2nd applicant who is not residing at the place where the incident took place, at this stage, it is not safe to release the first applicant on bail as the investigation is still in progress, but considering the role attributed to the 2nd applicant, the application require following order: O R D E R 1. Application is partly allowed in respect of applicant no.2. 2. Application in respect of applicant no.1 stands rejected with liberty to move after the investigation is over. 3. Applicant no.2 be released on bail in connection with Crime No. 155/2009, registered in Renapur Police Station, on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the sum of 3 like amount. 4. After released on bail, applicant no.2 not to tamper with the witnesses of prosecution and to attend the Renapur Police Station if required. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.87-10