[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2256 OF 2008 Mohd. Chand Mohd. Ida Shaikh and Ors. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.B.M.Shaikh Advocate for Applicants Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.76 of 2008 of Dongri Police Station, Mumbai. The said case is mainly under Sections 498-A, 304-B and 302 of IPC. 3. The applicant no.1 is the husband of Sana (deceased). Applicant nos.2 and 3 are father in law and mother in law of Sana and applicant no.4 is brother in law of Sana. [-2-] 4. In her dying declaration, Sana has stated that on 11.5.2008 at about 10 p.m. her husband, her mother in law, father in law and brother in law had beat her on the ground that she had not got money from her parents. On the next day about 4 a.m. her father in law and brother in law abused her and left for work. Thereafter at 7 a.m. her husband assaulted her by fist blows and kick blows and he left for work. Thereafter at about 8.00 a.m. her mother in law abused her as she has not got money from her parents. Her mother in law poured kerosene on her body and set her on fire. 5. The learned advocate for the applicants submitted that Sana had been set on fire only by applicant no.3 and applicant nos.1, 2 and 4 have no role to play as far as setting Sana on fire is concerned. The dying declaration of Sana clearly shows that all the applicants used to illtreat her and assaulted her on account of demand for money from her parents which was not fulfilled. Her dying declaration also shows that just few hours prior to the incident, Sana was beaten up by all the applicants. In the present case, the [-3-] investigation is going on. Looking to the dying declaration of Sana, I do not think that this is a fit case to grant bail at this stage. 6. The learned advocate for the applicants has stated that applicant no.3 is a lady and hence, on that ground, she may be released on bail. Looking to the specific role attributed by Sana to applicant no.3, even though she is lady, I do not think that this is a fit case to grant bail. 7. Application is rejected. However, liberty to the applicants is granted to prefer a fresh application for bail after filing of the charge sheet. The said application to be filed before the concerned Sessions Court. On such application being preferred, the learned Sessions Judge shall deal with the same on merits. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]