IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 257 of 2011 (Varsha Santosh Saundarkar Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. Chandurkar, Advocate for the Applicant. Mr. D.B. Patel, APP for the State/Non-applicant CORAM : M. N. GILANI, J. DATE : 15 th JUNE, 2011. Heard. This is the second bail application filed by the applicant for releasing her on bail, who is accused in the Sessions Trial No. 70/2010 pending on the file of Sessions Judge, Bhandara. An offence bearing Crime No. 80/2010 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, was registered with the Police Station Lakhandur, District Bhandara, in which the present applicant has been arrayed as accused no. 3. The First Information Report was lodged by one Sant Ramaji Tupat, alleging that accused nos. 1 to 3 caused death of his daughter by name Kiran. Kiran had married the accused no. 1 in the year 2008. After marriage, she was subjected to cruelty for not meeting the unlawful demand like cash amount etc. For this reason, deceased had left her matrimonial home and came to reside with her parents. In the year 2009, application for grant of maintenance was filed before the Court of Judicial Magistrate First Class, Brahmapuri. Thereafter, there was conciliation between the parties. Accused no. 1 assured the deceased and her parents that henceforth she should be treated properly. 2 Despite this, the ill-treatment was continued. On 08/07/2010, in night, the deceased was beaten by accused nos. 1 to 3. She was also chased when she ran for help. After she fell down, the accused persons dipped her head in drain water. This resulted into the death of deceased. However, they left her there and went inside the house and switched off the lights. This has been witnessed by three witnesses viz. [i] Jahangir alias Idu S/o. Mukim Khan Pathan, [ii] Mehaboob Khan S/o. Taj Khan Pathan and [iii] Raju S/o. Narayan Dhore. The cause of death disclosed by the Medical Officer is “Death most probably due to respiratory distress due to inhalation of water inside lung cavity”. Learned Advocate for the applicant contended that the applicant has two small children and, therefore, on compassionate ground the applicant be released on bail. Considering the nature and gravity of the offence and as direct involvement of the applicant in commission of the offence under Section 302 of Indian Penal Code is made out, it is not desirable to release the applicant on bail. Since one year has already been lapsed from the date of registration of offence and chargesheet has already been filed, issuance of direction for speedy trial would suffice the purpose. Application is rejected. Learned Sessions Judge, Bhandara, shall dispose of Sessions Trial No. 70/2010 expeditiously preferably within three months from the date of receipt of this order. JUDGE *sdw