1 Cri.Appln.No.670/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.670/2011. (1.Sow. Shobha w/o Natha Mhaske and Anr. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.VD Sapkal, Adv. for applicants; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 1 st March, 2011. ... 1) Heard. 2) The accused/applicants, seek release on bail in Crime No.I-213/2010 registered at Newasa Police Station, district Ahmednagar for an offence under Sections 302, 498A 323, 504, 506 r/w 34 of the Indian Penal Code. The interse relations of Lata married to Sanjay Mhaske on 24.11.2000 is not in disputed. From the medical papers/report, it is apparent, Lata had suffered HIV +ve, which has been confirmed on carrying different tests from time to time, and this is more so, lastly in August, 2010. An impression is generated, she was nursing under a mental pressure and tension due to the ailment. 3) The incident has taken place on 8.10.2010 in the house, where Lata got immolated due to the alleged bursting of stove or due to dousing. The applicants are mother-in-law and grand- mother-in-law of the deceased, in custody from 14th October, 2010 and 21st October, 2010 respectively. Charge sheet is filed. 4) In the first statement dated 8.10.2010 recorded by an independent Officer, Lata does not implicate anybody by informing that while she was at home, in the process of cooking, she suffered burn injuries due to bursting of stove. 2 Cri.Appln.No.670/2011 She also informs, her husband and father-in-law have controlled the situation by extinguishing. Her mother-in-law was washing apparels, she was under fast. Lastly, she has said, she has no grievance or complaint against anybody. As against this, there was another dying declaration dated 9.10.2010, when the victim Lata was admitted at Wadala Mission Hospital, such statement was recorded by police officer attached to Sonai Police Station, informing that he could not avail services of Executive Magistrate. This is the F.I.R., which implicates Gayabai, grand mother-in-law, having doused Lata and presence of her mother-in-law Shobha is also shown. In the third dying declaration dated 9.10.2010, again a situation of confusion is created by deceased Lata, wherein, she says, while cleaning the floor, somebody from behind doused and set her afire. 5) Taking these aspects into consideration, first dying declaration, being not informing the applicants/accused, both are ladies and quite aged, in custody from October 2010, nothing is to be recovered from them, least chances of influencing the witnesses, the applicants/accused, therefore, deserve to be released on bail. Hence order. 6) The accused/applicants Sow. Shobha w/o Natha Mhaske and – Smt.Gayabai Lahanu Jawale, be released on their furnishing PR bond and surety in the sum of Rs.10,000/- (Rupees ten thousand) each. 7) The applicants/accused shall attend the court proceedings scrupulously. 8) Criminal Application disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/