1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3928 of 2008 (Sau. Sushila w/o Bhaurao Pawar and another v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.J. Thakkar, Advocate for Applicant. Shri D.P. Thakre, APP for Non-Applicant. CORAM : R.C. Chavan, J. DATE : 10th December, 2008 Heard the learned counsel for the applicants and the learned APP for the non-applicant. The learned APP for the non-applicant has made available for my perusal the record of the case, because the chargesheet has already been filed. It shows that in the first statement made by the victim, she had attributed overt acts to applicant No.2 Bhaurao, who had held her when her husband poured kerosene on her person. She has not attributed any role to applicant No.1 Sushila, though in the dying declaration, which was subsequently recorded on 24-6-2008, the victim had exonerated everyone and had stated that she suffered burns because a kerosene lamp fell on her person. The learned APP rightly pointed out that this may not be prima facie acceptable in view of the fact that the post mortem notes shows that the victim had suffered 100 per cent superficial to deep burns, which may not be probable by falling 2 of kersene lamp. In view of this, the application, so far as it relates to application No.2 Bhaurao, is rejected. Applicant No.1 Sushila be released on bail on her furnishing a PR bond of Rs.25,000/- with a solvent surety in the like amount. Hamdast allowed. JUDGE pdl