1603appa783.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) NO.783 OF 2010 IN CRIMINAL APPEAL NO.596 OF 2010. Rama Ukarda Kantale and ors. ..vs.. The State of Maharashtra, through its P.S.O.Jalghaon, Jamod, Distt.Buldhana. ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------- Mr. A.S. Mardikar, Adv. for the applicants. Smt. Ketki Joshi, APP for the State. CORAM : V.K.TAHILRAMANI AND PRASANNA B.VARALE, JJ. DATED : 16TH MARCH, 2011. 1. Heard the learned counsel for the applicants – original accused 1 and 2 and the learned APP for the State. 2. The applicants have been convicted under Section 302 of I.P.C. for causing the death of Sunita. The applicants are now seeking bail. 3. It is the prosecution case that accused no.1 Rama caught hold of Sunita and accused no.2 Laxman set her on fire. The motive, according to the prosecution, is dispute relating to property. The prosecution is relying on the dying declaration made by Sunita to PW 2 and PW 11. 4. The learned counsel for the applicants pointed out that Anant, who is the husband of Sunita, has stated that it is a case of accidental burns. 1603appa783.10.odt 2/2 Witness Prabhakar who is a neighbour has also stated that it is case of accidental burns. He further pointed that Dr. Ashwin had attended the patient i.e. Sunita and in the medical report the history was recorded by him as accidental burns. The learned counsel for the applicants pointed that this doctor was the first doctor to treat Sunita, however, Sunita did not disclose to the doctor that it was the applicants who set her on fire. The history given to the doctor, in fact, shows that it was a case of accidental burns. Mr. Mardikar, learned counsel for the applicants, submitted that on account of the evidence of these witnesses, there is doubt created about the veracity of the dying declarations recorded by PW 1 and PW 11. Prima facie, we find some merit in this submission. Moreover, it is noticed that during the trial the applicants were on bail. There is nothing to show that the applicants have misused the liberty granted to them. In this view of the matter, we are inclined to grant bail to the applicants. Hence, the following order. The applicants be released on bail in the sum of Rs.30,000/- each with one or more sureties to make up the said amount. The applicants to report at Jalgaon Jamod Police Station, Distt. Buldhana, once in a fortnight till the disposal of the appeal. The application is allowed in above terms. JUDGE JUDGE chute