1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3726 OF 2008 Mohd.Chand Mohd. Ida Shaikh and Anr. .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.B.M.Shaikh for the applicants. Ms.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.76 of 2008 of Dongri police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302, 304B, 498-A r/w 34 of the IPC. Counsel for the applicants does not press this application on behalf of applicant no.2. The application, insofar as applicant no.2 is concerned, is rejected. 3. Applicant No.1 is the husband of the deceased - Sana Mohd. Chand Shaikh, who died of burn injuries. There is a dying declaration recorded by the Special Executive Officer, wherein she has specifically stated 2 2 2 that her mother-in-law poured kerosene on her person and set her on fire. From the dying declaration and other material on record it is clear that applicant no.1 did not participate in the alleged incident of burning the deceased. There are general allegations made against applicant no.1 of having assaulted the deceased alongwith other family members. Similar allegations are made against the father-in-law and the brother-in-law and they have already been released on bail. In the circumstances I am inclined to release applicant no.1 on bail. Hence the following order: . Applicant No.1 to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that applicant no.1 shall report to the concerned police station on every Saturday between 7 and 8 pm till conclusion of the trial. Applicant No.1 is allowed to deposit cash bail for a period of 15 days to enable him furnish sureties. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)