1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2143 OF 2010 Vinod S/o. Sopanrao Khillare, Age-22 years, Occu-Education, R/o.Keri, Tq.Aundha, Dist. Hingoli APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Police Station Aundha, Tq.Basmathnagar, Dist.Hingoli RESPONDENT Mr.A.S.Bajaj, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 101/2009, registered in Aundha Nagnath Police Station. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. Here in this case, it is necessary to consider the post mortem 2 notes. Post mortem notes shows that at the time of deceased Mangala succumb to death, she has sustained 50% burn injuries and her cause of death is development of Septicemia due to burn injuries. It is to be noted that the incident occurred in the evening of 22/11/2009 and deceased succumbed to death on 11/12/2009 i.e. after 18 days of date of incident. 4. It appears that the said offence came to be registered on the statement of deceased Mangala herself. She has disclosed in her statement that her marriage took place with present applicant about 1 1/2 years back. In the complaint, there are no allegations about harassment on the count of illegal demand. There is harassment on the count that she is unable to do the household work properly, and on that count, the quarrel took place and when she was cleaning her residential premises, her husband poured kerosene on her person and set her on fire. While cleaning the house, if the kerosene was poured on the person, in natural course, burn injuries to find place on the backside of the injured. But in this case, in the inquest panchnama as well as post mortem notes, as far as the major part of injuries are concerned, it was not on the backside of injured. Statement of the victim was changed by herself after considerable period, while she was taking treatment, wherein there is mentioned that her husband poured kerosene on her person and set her on fire. At the time of incident, there were synthetic clothes on the person of the victim. As per the developed scientific research, if there are synthetic clothes on the person of the injured, the entire clothes 3 gathered at one place and sticky substance to be found to the bones of the injured, which is not there in this case. Whether it is a fact or not, it will be decided at the time of trial. Considering the period, which the applicant has undergone in the custody, case is made out to enlarge him on bail, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. Applicant not to leave the local jurisdiction of concerned police station or concerned Criminal Court without prior permission in writing. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2143-10