1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 3939 of 2010 in Criminal Appeal No. 389 of 2010 (Feroz & ors v. The State) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Sadhana Jadhav, Advocate for the applicants Mr. T.S. Lodhe, APP for the respondent / State PER COURT : 1. Heard. 2. An application for bail is now pressed for bail of appellants No. 2 and 3. 3. The learned Advocate appearing for the appellants contended that the appellants No. 2 and 3 are entitled to bail because they could not have dominion over the deceased during the night of the incident. Admittedly, it is a case of custodial death. The prosecution witnesses No. 1 and 2 categorically stated that the deceased stayed under one roof with all the appellants. There is nothing on record to dispute this position of jointness of the family, except that the appellant No. 4 resided separately. Nothing has come on record to say that during that night, the appellant No.1 / husband of the deceased and the deceased had retired in a separate room. In view of 2 this, the learned APP opposed the application even of the appellants No. 2 and 3. He asserted that the appellants No. 2 and 3 cannot say that they did not have dominion over the deceased during that night. However, I am rather inclined to accept the case of the appellants No. 2 and 3. The death occurred during the night. At such time, a married woman would be more likely to be with her husband and not with her in-laws. Besides, the house of the appellants comprised as many as three rooms. Though it has not come on record that the deceased and her husband / the appellant No.1 had retired for the night in one of the rooms, for the purpose of deciding this application, I am inclined to believe such position being more likely. Though the appellant No. 1 has not pressed the application for bail, I think he is not entitled to bail. 3. Suspending the substantive sentence of appellants No. 2 and 3, they be released on bail on executing P.R. Bond of Rs.10,000/- (Rupees Ten Thousand) each with one surety in the like amount. The bail shall be furnished to the satisfaction of the lower Court. 4. Application stands disposed of. 6th October, 10 ( A.V.NIRGUDE, J. ) SRM/ 3