1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4543 OF 2009 Smt. Vimal Martand Masal .... Applicant. V/s The State of Maharashtra ....Respondent Mr B.G. Vaidya for the applicant. Mrs. P.P. Shinde APP for the State. CORAM: V.M. KANADE, J. DATE : 8TH DECEMBER, 2009 P.C.: 1 Heard the learned Counsel for the applicant and the learned APP for the State. 2 Applicant has been arrested in connection with the offence punishable under sections 302, 436 read with section 34 of the Indian Penal Code registered with Mohol Police Station vide C.R. No.114 of 2009. 3 It is alleged that one Parwati Dange was sleeping in a shed in front of the house and the said shed was set on fire by the applicant and others. The only material on record is in the form 2 of two dying declarations of the deceased in which she had alleged that applicant had poured kerosene on the shed and set it on fire. The other co-accused Sunita Dharma Dange has been granted bail by the Sessions Court in Criminal Application No. 558 of 2009. Applicant, therefore, in my view, deserves to be released on bail on the ground of parity. 4. The deceased had received 100% burn injuries. The second dying declaration has been recorded by the Judicial Magistrate. Applicant is a housewife and, according to the applicant, the deceased committed suicide by setting herself on fire or deceased died on account of accidental fire. It is alleged that the deceased was sleeping on the roof of the room and, as a result of fire, the entire room was gutted with fire. 5. Taking into consideration the peculiar facts and circumstances of this case, prosecution will have to prove that death of the deceased was not on account of accidental fire or suicide but was as a result of deliberate act of the applicant setting the deceased on fire. Under these circumstances, therefore, applicant also deserves to be released on bail on the ground of parity. 3 6. Applicant be released on bail in C.R. No. 114 of 2009 registered with Mohol Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. She shall report to the concerned Police Station once in a month. 7. Application is disposed of. (V.M. KANADE, J.)