1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.417 OF 2010. KU. TARUNA LAXMAN PAWAR AND ONE VS STATE OF MAHARASHTRA THROUGH PSO MANORA, DISTT. WASHIM ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N. B. RAut, Advocate for applicant. Shri D. B. Yengal, APP for respondent State. Coram : A.H. JOSHI, J. Date : 5th April, 2010. 1. Heard both sides. 2. Perused the charge-sheet. 3. In the midst of hearing, this Court has indicated that this Court is not inclined to entertain the application as far as the applicant no.1 Ku. Taruna is concerned. 4. Learned Advocate Mr. N. B. Raut states that Ku. Taruna the applicant No.1 be permitted to withdraw the application. The application is dismissed as withdrawn to the extent of applicant No.1 Ku.Taruna. 2 5. In so far as the prayer for bail of Sau. Wanita is concerned what is seen is as follows: (a) In two Dying Declarations and one statement of deceased Varsha are recorded in Crime No.43 of 2009, the deceased Varsha has stated about the nature of involvement of Sau. Wanita. (b) The involvement of Sau. Wanita is narrated is therein stating that she had abused the deceased. (c) It has not come on record as to the exact words of abuses whether those are intimidating or instigating in nature. (d) Bare description by Varsha that Wanita was present does not by itself involve her in the act of setting Varsha ablaze. (e) She could not prima facie, named Sau. Wanita as an abettor or conspirator. (f) In absence of anything shown at this stage by the police, involvement of Sau. Wanita in the offence under Section 302 is not made out. 6. In these premises, at this stage, it appears that the applicant Sau. Wanita may not be involved in the act of murdering deceased Varsha. 3 7. The applicant Sau. Wanita is, therefore, entitled to bail and be released on bail on furnishing personal bond and a solvent surety in a sum of Rs.15,000/-. Judge |mule|