1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4051 OF 2009 Nilabai W/o.Ramdhan Rathod APPLICANT VERSUS State of Maharashtra Through Police Station Officer, Police Station Aundha (Na), Tq.Aundha (Na), Dist. Hingoli RESPONDENT Mr.S.G.Dargad, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent. (CORAM : A.V.POTDAR, J.) DATE : 08/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for her release in connection with CR No.63/2009 registered in Aundha Police Station of Dist. Hingoli for an offence punishable u/s. 302, 498-A, 323 and 506 r/w.34 of IPC. It appears that the investigation in this case is complete and the charge sheet is already filed which is numbered as RCC No.128/2009, now pending on the file of J.M.F.C.Aundha (Na), Dist.Hingoli, in which it appears that the committal order is yet to be passed. 2 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP for State. Also perused the papers of investigation as in this case after completion of investigation, charge sheet is already filed. 3. It appears that the said offence came to be registered in Aundha Police Station on the basis of statement of the injured victim herself recorded on 12/07/2009 as after the alleged incident, the victim by name Sunita Rathod was admitted in the hospital in burn ward. In her statement, she has made it clear that the incident occurred in the morning of 12/07/2009 and during the quarrel took place with her husband and in laws. Her mother in law, the present applicant had poured kerosene on her person and set her on fire in which she has sustained burn injuries. Initially it appears that the offence was registered u/s. 307 r/w.34 of IPC. It appears that thereafter the victim succumbed to death because of the burn injuries sustained and the offence earlier registered u/s. 307 was converted in the offence registered u/s. 302 of The IPC. 4. The counsel appearing for the applicant urged on two points that considering the age of the applicant, being an old lady, she be released on bail as the other accused who are arrested in connection with this case, are already released on bail. The next point urged that as the investigation is over and the charge sheet is filed, and there is no direct nexus against the applicant as well as no motive is coming before the Court, the applicant be released on bail. 3 5. The application is opposed by learned APP appearing for the State. 6. Considering the gravity of the offence in which the applicant is put under arrest and charge for the accusation is an offence which is punishable under life imprisonment or the capital punishment. It can not be disputed that the death of the victim is homicidal death due to sustaining burn injuries which fact is clear from the probable cause of death as opined by the Medical Officer, who had conducted the post-mortem of dead body of deceased. The fact remains that considering the role played by the present applicant which establish the direct nexus of death caused to the victim and if it is so, the applicant has to think first before committing such type of ghastly offence by pouring kerosene on the person of her daughter in law who is of tender age. No case made out to use the discretion of section 439 of The Cr.P.C. No merits in the application. Application stands rejected. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4051-09