( 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 Earlier Bail Application i. e. Criminal Miscellaneous Application No. 1889 of 2002 filed by the same accused was withdrawn with liberty to file fresh bail application after receipt of "visera Report".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.

( 4 ) LEARNED Senior Advocate shri Nanavati taking me through the F. I. R. submitted that the conduct of the complainant is required to be closely scrutinized by this Court. He submits that the complainant going back quietly after seeing the dead body of deceased Zarina and lodging the complaint after 2 days of the incident, excluding Hasan, the husband of deceased Zarina is most suspecious. No doubt there is delay of 2 days in lodging F. I. R. but in such type of cases there is bound to be some delay and merely because there is delay of 2 days in lodging F. I. R. then on this very ground of delay this Court can not discard the prosecution case at this juncture. What poor father can do seeing dead body of his young married daughter, except quitely going back to his home with abroken heart. It seems that as soon as he re-conciled he filed F. I. R. after two days without wasting further time. There is nothing wrong with his conduct.

( 5 ) THERE was no reason for the complainant to falsely involved aged mother-in-law, father -in-law and brother-in-law of deceased Zarina and not his son-in-law Hasan, husband of deceased Zarina. If at all undue advantage was to be taken then the complainant would have tried to involve almost all the family members of the accused, which he has not done it.

( 6 ) SHRI Nanavati then submitted that in the instant case there was no immediate instigation to Zarina to commit suicide. I would not like to discuss the evidence in detail the statement of prosecution witnesses about the immediate instigation at this stage. However, having gone through the averments made in the F. I. R. and relevant statements of the prosecution witnesses prima facie I am of the considered opinion that there was immediate instigation, therefore, the case u/s. 306 I. P. Code is made out against the accused.

( 7 ) IT is true that Sanganbhai Hajibhai, accused applicant No. 1 of Criminal Miscellaneous Application No. 3686 of 2002 is aged 75 years old and Hirbai Hanifaben, mother - in - law of deceased Zarina is aged 65 years old. However, merely because they are old persons that would not be a