KALINDABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the original complainant seeks cancellation of bail granted to the respondents No. 2 to 6 by the learned Ad hoc Additional Sessions Judge, Latur vide order dated 17th May, 2010 rendered in the proceedings of Criminal Misc. Application No. 122/2010.

(2.) The applicant lodged FIR alleging that deceased Sow. Swati was her daughter and was married to respondent No. 2 Dattatraya prior to about six (6) years and that the latter used to demand remaining dowry amount of Rs. 51,000/- from her. It was alleged further that the respondent No. 2 used to frequently beat Sow. Swati due to failure to pay the remaining dowry amount. She used to tell her father about the cruel treatment meted out to her at his hands. The applicant further alleged that he had paid Rs. 10,000/ - to the respondent No. 2 somewhere in the month of April/May, 2009. Still, however, the respondent No. 2 and his relatives used to illtreat and harass Sow. Swati on account of non-payment of remaining amount of Rs. 41,000/-. Her daughter (Sow. Swati) used to tell her about the matrimonial cruelty as and when she used to visit the maternal home and during the telephonic conversation. She had advised her to bear with the trouble for some days. She alleged further that on 28th April, 2010, Sow. Swati had contacted her on phone and had informed her that the family members had severely beaten her. She alleged that in the morning of 30th April, 2010, she received information that Sow. Swati burnt by the members of the family of the respondent No. 2 - Dattatraya. She and her relatives went to her matrimonial home. They noticed that dead-body of Sow. Swati was lying in the house. The dead-body was nude and most of the parts of her body were burnt. Consequently, she lodged FIR.

(3.) While the investigation was yet going on, the respondents No. 2 to 6 submitted application for bail vide Criminal Misc. Application No. 122/2010 before the learned Ad hoc Additional Sessions Judge, Latur. The learned Sessions Judge granted the bail application. Aggrieved by the order granting bail, the original complainant has filed the present application on various grounds. The applicant alleges that death of Sow. Swati was homicidal and the respondents No. 2 to 6 were required to explain about cause of her death in view of the fact that the death occurred within premises of the matrimonial home. It is further contended that the respondent No. 2 - Dattatraya and the respondent No. 5 - Pravin had attempted to take away the minor daughter Payal from custody of the applicant and attempted to influence the witnesses. It is further alleged that the impugned order of granting bail is improper and based on perverse consideration of the material on record. It is submitted, therefore, that the impugned order is liable to be set aside by cancelling the bail granted to the respondents No. 2 to 6.