1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.80/2011 (Smt. Sumitra w/o Jagannath Naukarkar .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Mahesh Rai, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 18, 2011 Heard. The prayer for bail made by the applicant, mother-in- law of deceased Meena, charge sheeted by Hinganghat Police Station as a result of investigation of Crime No.237/2010 initially registered for offence under Section 307 of IPC and lateron converted to Section 302 r/w 34 of IPC after victim Meena succumbed to death is vehemently objected by the learned APP on the count of involvement of the applicant being borne from the third dying declaration of the deceased recorded by the Executive Magistrate i.e. for having instigated main accused her son for burning the victim and so also by the material in a shape of oral dying declaration made by victim to witness Chintamani. Still the same deserves credence in view of the submission of the learned counsel for the applicant that first dying declaration on the basis of which station diary was made at Hinganghat 2 Police Station reveals that the victim was accidentally burnt and the involvement of the applicant being not found in the second dying declaration recorded by the Police on the next day at about 10.35 AM and so also in oral dying declaration made by the victim to her mother Suryakanta and brother Nilesh, is found to be prima facie correct after perusal of the material regarding such a matters from the case diary and the diary entry shown by the learned counsel for the applicant. The same deserves consideration in view of the conflict seen within the multiple dying declarations and as even after taking over-all view, the same not transcending of applicant committing any other act beyond instigating her son. The same also deserves credence in having due regard to age and gender of the applicant. Hence the order : The applicant is directed to be released on bail in connection with Crime No.237/2010 of Police Station, Hinganghat, District - Wardha upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with one solvent surety in the like amount and subject to the conditions that applicant :- (i) shall attend the investigating officer in connection with the investigation on every first Monday of a Month in between 11.00 am to 2.00 pm, until further orders; (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande