1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.179 OF 2011 1 Sau. Janabai Pandurang Mane 2 Shri Pandurang Sadashiv Mane 3 Shri Sunil Pandurang Mane ...Applicants. v. The State of Maharashtra ...Respondents. Mr. P.B.Naiknaware, adv. For the Applicants. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 15, 2011. P.C. 1 Applicants seek to be released on bail in crime no.195 of 2010 registered at Tembhurni police station under Sections 302 , 498A r/w section 34 of the I.P.C. 2 According to the prosecution, accused/applicants are mother-in-law, father-in-law and brother-in-law of the deceased respectively. They set her ablaze after pouring kerosene on 3.10.2010 and due to burn injuries she died on 16.10.2010. It appears that on 4.10.2010 police had recorded statement of the deceased Jyoti and on the same date, dying declaration was also recoded by the S.E.M. From the statements, it appears that she had no dispute with her husband. 2 Applicants wanted to eliminate her to grab the share of her husband in the property. As per the dying declaration recorded by S.E.M., all the three had participated in burning her. However, actual role of pouring kerosene and setting her ablaze is attributed to father-in-law and mother- in-law. As per police statement, father-in-law poured kerosene and set her ablaze while her hands were caught by mother-in-law. Brother-in-law had tried to press her throat but there was no such injury on her body. Statement of her husband shows that she had immolated herself. At this stage, it will not be proper to disbelieve dying declarations of the deceased. Therefore, in my opinion, applicant nos.1 and 2, who are mother-in-law and father-in-law respectively can not be granted bail and applicant no.3, who is brother-in-law may be released. 3 For the aforesaid reasons, applicant no.3 be released on his executing PR in the sum of Rs.25,000/- with one or two sureties in the like amount. 3 4 Application to the extent of accused/applicant nos.1 and 2 stands rejected. However, the trial Court shall expedite the trial and dispose off the case as early as possible and preferably within six months. (J.H. BHATIA,J.)