HIRBAI ALIAS HANIFBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri P.R.Abichandani, learned A.P.P. waives service of Rule in both matters.

(2.) Bail Application i.e. Criminal Misc. Application No.3686 of 2002 is filed by the present applicants accused who are father-in-law and brother-in-law of deceased Zarina. They are aged 75 and 24 years respectively. They are Muslims. Earlier Bail Application i.e. Criminal Miscellaneous Application No.1889 of 2002 filed by the same accused was withdrawn with liberty to file fresh bail application after receipt of "Visera Report". Visera Report shows that there was no poisoning. After receipt of the Visera Report (Annexure : C) the applicant - accused first approached the learned trial Judge by way of Criminal Miscellaneous Application No.78 of 2002 filed by the co-accused Hirbai @ Hanifaben, mother-in-law of deceased came to be dismissed by common judgment and order dated 3.6.2002 passed by the learned Addl. Sessions Judge, Morbi. Accused Hirbai @ Hanifaben filed above bail application before this Court i.e. Criminal miscellaneous Application No.3685 of 2002.

(3.) Learned Senior Advocate Shri N.D.Nanavati appearing for the applicant - accused in both Criminal Miscellaneous Application No.3685 and 3686 of 2002 firstly submitted that in this case there is no demand of dowry, still the petitioners are booked for the offences u/s.498-A, 306, 114 I.P.Code. He submits that in the instant case the allegation made against the accused is that all the accused were constantly torturing the deceased Zarina for not having any issue after marriage with Hasan, and because of the constant torture Zarina committed suicide by hanging herself in her in-laws house on 27.2.2002 at about 4.30 p.m. Complainant Karimbhai Dosabhai, father of deceased Zarina, lodged F.I.R. on 1.3.2002 at 6.45 p.m. i.e. after 2 days of the incident.