- (1.) With the consent of the learned Counsels for the parties, heard fnally at the admission stage.
(2.) The legality, propriety and correctness of an order dated 8th August, 2019, passed by the learned Additional Sessions Judge, Sessions Court, Greater Bombay, on an application for discharge (Exhibit 11) under Section 227 of the Code of Criminal Procedure ("the Code", for short) in Sessions Case No.862 of 2019 along with Sessions Case No.518 of 2018, CNR No.MHCC02-009050-2019, whereby the said application was partly allowed and prayer of the applicants herein for discharge came to be rejected, is assailed in this revision application.
(3.) Shorn of unnecessary details, the background facts can be stated as under: (a) Mehnaz (hereinafter referred to as 'the deceased') was a 15 year old girl. Her mother had expired when she was about four months old. The deceased was brought up by the applicant no.1 - Yusuf, her maternal uncle. Applicant no.1 - Asif is the son of applicant no.1. Applicant no.3 - Salim is the brother of applicant no.1. (b) Applicant nos.1 and 3 reside with their respective spouses, namely, Sabira Bano and Soliya along with their children and parents, Siddique Sayed and Farida Siddique Sayed (the co-applicant nos.4 and 5 before the learned Sessions Judge, whose application for discharge came to be allowed). The deceased was residing with them. (c) On 4th May, 2018, at about 1.30 p.m., on hearing commotion emanating from the house of the applicants, the neighbours rushed in. The deceased was lying in an unconscious state. The deceased's grand-mother Farida, Sabira Bano, the wife of applicant no.1, Soliya, the wife of applicant no.3 and Umaira, a minor daughter of applicant no.1 were then present in the house. They were attempting to resuscitate the deceased. On enquiry, the inmates of the house informed that the deceased fell in the bathroom and became unconscious. The deceased was shifted to Sion Hospital. She was pronounced dead. On examination by the Medical Offcer, it was noticed that there was a ligature mark on the neck of the deceased.;