2009ba493.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE APPELLATE SIDE NAGPUR BENCH, NAGPUR NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 493 OF 2011 CRIMINAL APPLICATION (BA) NO. 493 OF 2011 (Gajanan Dattarao Chavan Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ Mr. R. N. Ubhad, Advocate for the applicant. Mr. S. S. Doifode, A.P.P. for the respondent. CORAM: U. V. BAKRE, J. DATED : 20TH SEPT., 2011 1. Heard. 2. Perused the application filed by the applicant, reply filed by the respondent and other documents referred to and shown to this Court during the course of arguments. 3. It is seen that the applicant was arrested on 17//2/2011 in Crime No. 5/2011 registered at police station Pophali, tahsil Umarkhed for offence punishable under Section 498A, 307, 302 read with Section 34 of the Indian Penal Code. 4. The allegation against the applicant is that he and his mother were harassing the deceased who was the wife of the present applicant for demand of Rs.1,00,000/- and ultimately on 7/2/2011, they assaulted her and poured kerosene on her 2009ba493.11.odt 2/2 person and set on fire. The deceased died on 13/2/2011 due to burn injuries to the extent of 86%. 5. It is seen that the incident had occurred in the bedroom of the applicant from where incriminating articles have been attached. It is further seen that there are three written dying declarations of the deceased wherein at least the applicant has been consistently named and besides the above, there are oral dying declarations made to some witnesses. In the dying declarations, the deceased has mentioned about the assault on account of demand of money. The statements of some witnesses also reveal ill-treatment. There is strong prima facie evidence against the present applicant. The contention of the learned Advocate for the applicant that the mother of the present applicant has been already released on bail would not serve as a ground of parity, in my view, because she was granted anticipatory bail as she is a woman of 68 years of age. In my view, the present applicant is not entitled for bail, at this stage. 6. Hence, the application is rejected. JUDGE wwl