1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4951 OF 2010 1 Mr. Girish Jaysingh Kamble ...Applicants. 2 Smt. Lila Jaysingh Kamble v. The State of Maharashtra ...Respondents. Mr. J.A.Udaipuri i/by M/s. Udaipuri & Co., adv. For the Applicants. Mr.P.A.Pol, P.P. a/w Smt. R.V.Newton, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 6, 2011. P.C. 1 Heard the learned counsel for the applicants and the learned APP for the State. Perused the police papers filed with the charge-sheet. 2 From the police papers, it appears that the deceased Kavita was married to accused/applicant no.1 Girish on 5.6.2009. On 15.9.2010 she died because of the burn injuries. On the same day, statement of brother of the accused no.1 was recorded by the police in which he stated that Kavita was working in the kitchen. While she was burning stove after pouring kerosene, her maxie caught fire with flame of the stove and she shouted. Kamlesh brother of the accused and mother, who were present outside house immediately rushed. Kamlesh tried to extinguish the fire and suffered several burn injuries. Immediately after 2 extinguishing fire she was taken to the hospital where she was declared dead at 2.45 p.m. On 16.9.2010 statement of Sunil Waghmare brother of the deceased was recorded. On 26.9.2010 statements of father and other relatives of the deceased were recorded wherein for the first time allegations were made about repeated demands of the cash and valuable articles and about the ill treatment on the ground of non-payment of money. On the basis of that on 26.9.2010 offence came to be registered under sections 304B, 323 and 506 of the I.P.C. Applicant/accused no.1 is husband, applicant/accused no.2 is mother-in-law of the deceased. They claim to be innocent and according to them, Kavita caught accidental fire and died. 3 The medical case-papers produced by the learned counsel for the applicants show that Kamlesh had suffered 31% burn injuries on his both the upper and lower limbs and face. It appears that he was examined on 15.9.2010 at 2.20 p.m. itself. Incidentally these medical case-papers were not filed by the police alongwith the charges. Police have also not filed statements of any of the neighbours of the deceased. As noted above on 16.9.2010 statement of Sunil brother of the deceased was recorded. In that statement, there was no allegation about the demand, etc. For the first time, story of demands and cruel treatment on 3 account of demands was introduced on 26.9.2010, i.e., 11 days after the incident. 4 In view of the above facts and contents of the spot panchanama, I find that it is fit case to grant bail. 5 Applicants in Crime No. I-475/2010 (Regular Case No.802 of 2010) registered at Nalasopara Police Station, Thane be released on their executing PR of Rs.5,000/- each with surety in the like amount. Applicants are allowed to furnish cash security in lieu of surety bond for a period of 15 days from this date. After the bail bonds are furnished, cash deposit should be refunded. (J.H. BHATIA,J.)