1 Criap.No.5329 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.5329 OF 2011 Hujur Dagdu Shaikh Mujawar ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr S.M. Vibhute, Advocate for the applicant; Mr D.R. Kale, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 21st December, 2011 PER COURT : The applicant is arrested in connection with CR. No.46 of 2011, registered with Nilanga police station, District Latur, under section 498-A, 302 and sec. 34 of the Indian Penal Code. The applicant happened to be the husband of Jaminabee. The incident is said to have taken place on 12.4.2011, at about 10.00 a.m. in the house of the present applicant. 2. Jaminabee caught fire and that is how she was taken to the hospital and at the hospital, after the Medical Officer certified that she 2 Criap.No.5329 of 2011 is fit to make a statement, her statement was recorded by Police Constable Narayan Ranzunjare in the course of his duty. In the said statement Jaminabee disclosed to the said Constable that on account of explosion of the stove she caught fire and that is how she has suffered burn injuries. Subsequently same Constable Mr Ranzunjare recorded a statement of Jaminabee after few hours and in the said statement Jaminabee attributed burn injuries to her husband and her in-laws thereby disclosing that the husband poured kerosene on her and her mother-in-law put her to fire. This Police Constable Ranzunjare has rendered a statement to his superiors in the course of investigation on 18.4.2011. Learned Advocate Mr Vibhute drew my attention to the said statement. A perusal of the said statement goes to show that Mr Rahim Shaikh, maternal uncle of Jaminabee, practically compelled Mr Ranzunjare to record a statement again and at the relevant time said Rahim Shaikh was near the bed of Jaminabee and he was influencing her to make a statement. The last portion of the statement of Ranzunjare clearly goes to show that the second statement of Jaminabee, which finds place on page 12 onwards of this application was on account of influence put on Jaminabee by Rahim Shaikh, because whatever is stated by Jaminabee in the said statement is required to be seen with a doubt. No doubt, Jaminabee has expired on account of burn 3 Criap.No.5329 of 2011 injuries. However, that is not the point to decide the question as to whether the present applicant should be granted bail. Once a doubt is raised about first statement of Jaminabee, the other statements recorded of the various witnesses may have to be seen with caution. It is true that those statements disclose some allegations of cruelty. However, once it is observed that the statements are required to be seen with caution, the allegations of cruelty reflected in those statements cannot be treated as a ground to reject the present application. In view of the above, I am inclined to grant bail to the present applicant. Hence following order is passed :- Bail Application is granted. The applicant is granted bail in connection with C.R. No.46 of 2011, registered with Nilanga police station, District Latur. He be released on bail in the sum of Rs.15,000/- with one surety in the like amount. He shall execute a P.R. bond in the sum of Rs.15,000/-. He shall report to the concerned police station for a period of six months on every second Saturday, between 11.00 a.m. to 4.00 p.m. (R. Y. GANOO, J.) amj/criap5329.11