1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.994 OF 2010 Ganesh Devichand Dhonde and another ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.K. Temkar, Advocate for the applicant Shri P.P. More, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 29th March, 2010 PER COURT: 1. Heard Mr. R.K. Temkar, learned counsel for the applicants as well as Mr. P.P. More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicants seeking bail in connection with Crime No.I-21/2010, registered at Shevgaon Police Station, District Ahmednagar for the offences punishable under Sections 498-A, 306, 504, 506 read with Section 34 of the Indian Penal Code since the applicants were arrested thereunder on 9.2.2010 and 10.2.2010 respectively and they are in 2 judicial custody presently. 3. It appears that, the complaint has been regitered on the report lodged by one Shamrao Kondiram Kamandar i.e. father of victim Anita, on 9.2.2010. The alleged incident occurred on 4.2.2010. The complaint reveals that victim Anita married with applicant No.1 Ganesh on 9.3.2008 and the applicant No.2 Devidas is father of applicant No.1. It is also alleged that, the victim Anita was subjected to cruelty, ill-treatment and harassment and unlawful demand of Rs.1 Lakh was made to her to be brought from her parental house for the purchase of four-wheeler. It is further alleged that, the deceased Anita committed suicide by consuming poisonous substance since she was fed up with the ill-treatment and harassment at the hands of the applicants and their relatives on 4.2.2010. 4. On the aforesaid background, the learned counsel for the applicants urged that although the incident occurred on 4.2.2010, the complaint was lodged after a delay of 5 days i.e. on 9.2.2010, which creates suspicion in respect of the said complaint. It is also canvassed that the complainant has also filed a private complaint on 6.2.2010 before lerned Judicial Magistrate, First Class, Shevgaon and the contents of the said complaint and the contents of the present complaint in question differ from each other. 3 It is further submitted that the investigation has been almost completed and, therefore, there is no propriety in keeping he applicants in custody further more and hence, they be released on bail. 5. The learned A.P.P. opposed the present application vehemently and submitted that the contents of F.I.R. categorically disclose the ill-treatment and cruelty, to which the victim Anita was subjected. It is also canvassed by learned A.P.P. that statements of the neighbourers have been recorded wherein it is disclosed that deceased Anita was subjected to ill-treatment. It is further pointed out by learned A.P.P. from the post mortem notes that death of victim Anita occurred due to cardiorespiratory arrest due to asphyxia due to unknown poison and viscera and blood sample was preserved for C.A. examination, and submitted that the said cause of death and the allegations in F.I.R. are in consonance with each other. 6. On perusal of the investigation papers and after considering the rival submissions, at the outset, the alleged delay in lodging the F.I.R. can be considered at the time of appreciation of evidence during the trial and not at this stage. Moreover, the contents of complaint categorically raise finger against the applicants as the perpetrators to the offence. Besides that, the 4 victim Anita expired within a short span after the marriage. Moreover, the statemnets of neighbourers which were recorded during the course of investigation also disclose that victim Anita was subjected to ill-treatment at the hands of the applicants and their relatives. Moreover, the cause of death disclosed in the post mortem notes and the allegations in the F.I.R. apparently co-relate with each other. Apart from that, investigation is still under progress and same has not been completed and, therefore, it is not desirable to enlarge the applicants on bail and hence, present application bears no substance and same is devoid of any merits and, therefore, same stands dismissed. (SHRIHARI P. DAVARE, J.) fmp/cri994.10