MOHD ISAQ SHAIKH MODAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Khairunissa was the wife of the petitioner and petitioner has been serving at Saudi Arabia, while his family is kept at Mumbai with his parents. The petitioner used to often visit Mumbai to meet members of his family. Khairunissa insisted on the petitioner that he should abandon job at Saudi Arabia and stay permanently in Mumbai, but the petitioner stated that he would stay there for some time and after earning handsome amount would come to Mumbai. It appears that the mother-in-law of the deceased Khairunissa by name Shahaja Begum was ill-treating Khairunissa on the suspicion that she has illicit connection with her father-in-law (husband of Shahaja). On 22-8-1996, petitioner had come back from Saudi Arabia and at that time Khairunissa made a grievance to him amount the harassment by his mother and told him not to go back to Saudi Arabia, but this petitioner did not pay any heed. Khairunissa, therefore, concealed his passport and other documents so as to prevent him from going back to Saudi Arabia. On 26-11-1996, at about 7.45 p.m. petitioner threatened his wife if she did not give passport and other documents he would see to her and then he went away. Because of this, Khairunissa poured kerosene on her person and set ablaze and thereafter she died. Complaint about this incident was lodged by the mother of Khairunissa in Dharavi Police Station, Mumbai on 27-11-1996. Petitioner came to be arrested for the offence under sections 498-A and 306 of the I.P.C. He applied for grant of bail to the Sessions Court, Mumbai, but his application has been rejected. That is how, the present application has been filed.