1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2226 OF 2010 1. Pravin S/o.Macchindra Zuge, Age-27 years, Occu-Labour, 2. Nirmala W/o.Macchindra Zuge, Age-45 years, Occu-Household, Both are R/o.Aradgaon, Tq.Rahuri, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 02/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 92/2010, registered in Rahuri Police Station, in which the applicants came to be arrested on 22/03/2010. After completion of investigation, charge sheet was filed in the Court of 1st J.M.F.C. Rahuri on 05/06/2010, and the case was numbered as RCC No. 97/2010. 2 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. From perusal of the papers of investigation, it can not be disputed that deceased Archana is the wife of first applicant and daughter in law of 2nd applicant. The said incident occurred on 22/03/2010. Statement of the victim was recorded in Shri.Vivekanant Nursing Home, Shivaji Nagar, Rahuri, where initially the victim was admitted for treatment, from where information was provided to the Inspector, Rahuri to take the cognizance, as the patient was admitted in the hospital in burnt condition. Thereafter, the statement of the victim was recorded by the Police Constable in the hospital itself. From the statement recorded of the victim, it do not reveals that these applicants have played any active role, as according to the victim, this act is committed by the brother in law of the victim and these applicants were not present at that time in the house. It appears that 3rd dying declaration of the victim was recorded on 23/03/2010, wherein there is reference about some demand, but even on perusal of that statement, it nowhere shows active participation of these applicants and they were present on the spot. If it is so, case is made out to enlarge the applicants on bail, hence order - O R D E R 1. Application is allowed. 2. Applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like 3 amount. 3. After released on bail, applicants not to leave the local jurisdiction of Rahuri Police Station till disposal of the trial pending against these applicants without any prior permission from the concerned Criminal Court or the concerned Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2226-10