1 cri3789.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3789 OF 2011 Shaikh Nurjabi W/o Shaikh Khajimiya and another ..Applicants -VERSUS- The State of Maharashtra ..Respondent ..... Mr. G.P. Shinde, Advocate for applicant nos. 1 and 2 Smt. R.K. Ladda, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 26th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. After hearing the learned counsel for the respective parties extensively, Mr. Shinde, learned counsel for the applicants, on instructions, seeks leave to withdraw the present application in respect of applicant no.1. 2 cri3789.11 3. In view of the said submission, leave granted and the present application stands dismissed as withdrawn to the extent of applicant no.1-Shaikh Nurjabi W/o Shaikh Khajimiya and stands disposed of. 4. As regards, applicant no.2 namely Zarina D/o Shaikh Khajimiya i.e. sister-in-law of the victim Taslim, she has preferred the present application seeking regular bail, in connection with C.R. No. 23/2011, registered with Himayatnagar Police Station, Dist. Nanded for the offences punishable under Section 302, 498-A, 504, 506 r/w 34 of the Indian Penal Code. 5. It appears that the offence has been registered on the basis of the complaint lodged by the complainant namely; Shaikh Daud Shaikh Hasan i.e. father of the victim viz Taslim on 20th April, 2011 and there are allegations that the said victim was subjected to the mental and physical cruelty by the in-laws due to unlawful demand of remainder amount of dowry to be brought by her from her parental house. Even the victim was brought to the parental house prior to 15 3 cri3789.11 days of occurrence of the incident and she disclosed about the ill-treatment before the complainant father at the hands of the in laws but she was pacified and sent back to the matrimonial home by the complainant. It is also alleged that on 19th April, 2011, the complainant received a telephonic call at about 4 a.m. from one Gulabsab informing that his daughter Taslim was burnt and asked him to come to Nanded, where she was being taken for medical treatment. Thereafter, the complainant went to hospital at Nanded and met the victim and made enquiries with her and thereupon she stated that since the remainder amount of dowry was not paid, her husband-Shaikh Shabbir Shaikh Khajamiya and her mother-in-law Nurjabi poured kerosene on her person and set her ablazed and her brother in law Tayyab Shaikh Khajamiya and sister-in-law i.e. Zarina D/o Shaikh Khajamiya i.e. applicant no.2 herein and co-accused Jakiya Shaikh Khajamiya helped them at about 3 to 3.30 p.m. on the same day and thereby she sustained the burn injuries and succumbed to the said injuries at about 20.15 hours on 19.04.2011. 6. Accordingly, there is oral Dying Declaration of 4 cri3789.11 the victim Taslim made by her before the complainant i.e. her father which reflects the allegations against applicant no.2 herein that he helped/assisted the main accused in the occurrence of incident and not beyond that. Moreover, the investigation has been completed and the charge sheet has been filed, therefore, there is no propriety in keeping the applicant no.2 in custody furthermore. 7. Thus, apparently, the role attributed to applicant no.2 and overact ascribed to her during the occurrence of the incident is, apparently, of lesser degree in severity as mentioned hereinabove, and therefore, she deserves to be released on bail, but on certain conditions. 8. In the result, the present application is allowed to the extent of applicant no.2 and it is directed that applicant no.2-Zarina D/o Shaikh Khajimiya be released on bail, under C.R. No. 23/2011 registered at Himayatnagar Police Station, Dist. Nanded, on furnishing P.R. bond in the sum of Rs. 20,000/- with one surety in the like amount, on the condition that 5 cri3789.11 the Applicant no.2 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9. However, the application of applicant no.1 is dismissed as withdrawn and stands disposed of accordingly, as aforesaid. 10. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 11. The present Criminal Application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3789.11