1 cri3650.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3650 OF 2011 Godabai W/o Haribhau Waghmare Age : 50 years, Occ : Household, R/o Khawaja Nagar, Osmanabad, Tq. & Dist. Osmanabad ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ..... Mr. V.B. Deshmukh, Advocate for applicant. Mr. B.V. Wagh, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 7th 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. This is an application preferred by the applicant seeking regular bail in connection with C.R. No. 102 of 2011, registered at City Police Station, Dist. Osmanabad for the offences punishable under Section 2 cri3650.11 302 and 498-A of the Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by complainant namely; Umesh Manik Waghmare on 07.05.2011, who is the brother of victim Sonali. The applicant is the mother- in-law of the said victim. 4. Admittedly, the incident occurred at about 9 to 9.30 a.m. on 25th April, 2011 and two Dying Declarations of the victim Sonali were recorded i.e. first Dying Declaration at 10.45 a.m. on 25th April, 2011 and second Dying Declaration at 18.00 hours on 25th April, 2011. The victim Sonali succumbed to the injuries on 05.05.2011 and thereafter the complaint came to be lodged on 07.05.2011. 5. Pertinently, the first Dying Declaration, which was recorded first in point of time does not raise any finger of guilt against the applicant herein and reflects that victim sustained burn injuries due to burst of stove when she was preparing tea and it also discloses that the victim has no complaint about any 3 cri3650.11 ill-treatment against anybody and further discloses that victim's father-in-law admitted her in the hospital. Whereas, the second Dying Declaration, which was recorded at 18.00 hours on 25th April, 2011 raises the finger of guilt towards the applicant herein contending that the applicant herein poured the kerosene on the person of the victim and set her ablaze. The said Dying Declaration also discloses that the applicant herein gave illtreatment to her. Further it discloses that the husband of the victim removed her to the hospital. Thus, apparently, there are two contrary versions of the victim in two Dying Declarations and first Dying Declaration, which was recorded first in point of time, does not raise any finger of guilt against the applicant. 6. Besides, the investigation has been completed and the charge sheet has been filed. It is also submitted that the victim Sonali has got small child of three and half years, and there is nobody to look after the said child. Hence, the learned counsel for the applicant urged that the applicant be released on bail. 4 cri3650.11 7. Apparently, since the investigation has been completed and charge sheet has been filed, there is no propriety in putting the applicant in custody, and hence, the application deserves to be granted. 8. In the result, the present application is allowed and it is directed that the applicant be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount on the condition that the applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9. The present application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3650.11