Judgment :- Heard the Counsel for the applicants and the learned APP for State. 2. This is an application under Section 438 of the Code of Criminal Procedure, 1973. The facts of the case are that on 11/2/2013 Shri Ghisa Pawar lodged a report at Kandivali Police Station alleging therein that his daughter Nashima was married to Anwar Gori 12 years prior to the incident. The couple is blessed with two sons. It is alleged that Nashima was living in a joint family alongwith her parents in law, brothers in law and their respective spouses. According to the complainant, whenever she came to her matrimonial house she complained that she was harassed and ill-treated by the members of her matrimonial family as they were insistent upon her to bring cash amount to purchase a flat. That she had lost a golden chain and her mother-in-law and her brothers-in-law were insistent upon her to replace her chain either in cash or in kind. That they had decided to live separately and the house was divided by a wall which was erected between the two flats i.e. flat No.503 and 504. The complainant has further alleged that he could not pay any amount for purchase of flat and therefore, she was continuously being ill-treated by her in-laws. She had lost her mental balance due to ill-treatment and therefore, she was under treatment of Dr. Ashit Seth. She was visiting her maternal house only to visit the doctor and then she used to return back to her house. On 4/2/2013 Nashima had visited her maternal house. On 5/2/2013 she visited the doctor. However, she was not willing to go to her matrimonial house. Her husband had called upon the complainant on two occasions and requested him to send her back to her matrimonial house. Accordingly, on 8/2/2013 she returned to her matrimonial house. On 10/2/2013 at about 5.30 p.m. her cousin father-in-law called up the complainant and telephonically informed him that Nashima had cried/screamed loudly and then suddenly turned cold and therefore, she was taken to Parth Hospital where she was declared dead. The complainant visited the hospital and saw that there was a ligature mark on her neck. However, the cause of death could be determined only after autopsy was performed and the post mortem report would be received. The complainant visited the hospital and saw that there was a ligature mark on her neck. However, the cause of death could be determined only after autopsy was performed and the post mortem report would be received. He alleged that the present applicants and others were responsible for the death of Nashima. On the basis of his report Crime No.50 of 2013 is registered at Kandivali Police Station against the applicants and others for offence punishable under Section 498A, 306 r/w. Section 34 of the Indian Penal Code. 3. The applicant No.1 herein happens to be mother-in-law of deceased Nashima. The applicant Nos.2 and 3 happen to be brothers-in-law of Nashima. The applicants were initially protected by way of ad-interim relief. 4. The learned APP submits on instructions that they had complied with the conditions imposed upon them at the time of grant of interim relief. 5. The learned Counsel for the applicant has submitted that the financial condition of the applicants is strong and therefore it was not necessary for them to demand money from their daughter-in-law in order to purchase the flat. They own 5 flats and four shops and therefore, the allegations that there was a demand from the complainant through the daughter-in-law cannot be believed. 6. The autopsy was conducted on the dead body of Nashima on 11/2/2013 at about 3 p.m. Column No.17 of the post mortem notes reveals that there was ligature mark around neck. Dimensions are mentioned. Thyroid, cruciod and hyoid bone are intact. Tracheal rings are intact. Column No.19 of the post mortem notes shows the following injuries : 1) Underscalp contusion of 6.5 cm. x 2.5 cm, muscle deep over right frontal region, dark red. 2) Underscalp contusion of 4 cm. x 4 cm., muscle deep over mid frontal region, dark red. 3) Underscalp contusion of 7 cm. x 5.5 cm., muscle deep over right parietal region, dark red. 4) Underscalp contusion of 5.5 cm. x 4.5 cm., muscle deep over left temporal region, dark red. The medical officer has opined in the column of cause of death that there is evidence of ligature mark around neck with contusions underscalp; however final opinion reserved pending for chemical analysis report. 7. The learned Counsel for the applicants submits that it is a case of hanging and that Nashima has committed suicide as she was suffering from mental imbalance. 7. The learned Counsel for the applicants submits that it is a case of hanging and that Nashima has committed suicide as she was suffering from mental imbalance. The learned APP submits that injuries in Column No.19 are anti-mortem injuries and this would indicate that she was assaulted prior to her death. The investigating officer has obtained the post mortem notes from the hospital on 20th February, 2013. The learned Counsel for the applicant submits that the injuries which are mentioned in Column No.19 were not noticed at the time of inquest panchanama. The applicants have filed an affidavit of Ms. Neelam Shrirampal, a medical student residing in the same building. She had stated on affirmation that the inquest panchanama was conducted in her presence and one lady constable and that there was no injury marks of any kind on the body of the deceased. Practice of filing such affidavit is deprecated as it hampers process of investigation. The learned APP submits that the person who Heard the Counsel for the applicants and the learned APP for State has filed the affidavit was not a panch for the inquest panchanama. However, she has participated in this proceedings only to protect interest of the applicants. 8. Filing of such affidavit amounts to tampering of evidence. At this stage, no action is being taken against Ms. Neelam Shrirampal as she happens to be a medical student with a bright career. 9. At this stage, the learned Counsel for the applicants submits that she would not press the application for applicant Nos.2 and 3 as they undertake to surrender. 10. The applicant No.1 who happens to be mother-in-law of deceased Nashima is 65 years old. The medical certificate would show that she is suffering from hyper tension as well as osteoporosis and she has anterior traumatic fracture at L-3 vertebra. Her Kidneys are not functioning normally and hence she can be protected. Hence following order : ORDER (i) The application is partly allowed. (ii) The application for applicant Nos.2 and 3 is dismissed as withdrawn. (iii) In the event of arrest, the applicant No.1 be enlarged on bail on same terms and conditions imposed upon her while granting interim relief. The applicant No.1 shall cooperate with the investigating agency and shall report to the investigating officer as and when called. (ii) The application for applicant Nos.2 and 3 is dismissed as withdrawn. (iii) In the event of arrest, the applicant No.1 be enlarged on bail on same terms and conditions imposed upon her while granting interim relief. The applicant No.1 shall cooperate with the investigating agency and shall report to the investigating officer as and when called. Upon failure to comply with the above conditions, the prosecution is at liberty to move the Court for cancellation of bail. 11. At this stage, the learned Counsel for the applicants prays that the applicant Nos.2 and 3 be protected upto 9/4/2013 in order to enable them to surrender. Interim protection granted earlier shall remain in force till 9/4/2013 upto 5 p.m. 12. The Criminal Application disposed of accordingly.