IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1155/2008 Smt. Salimabi Shaikh Nizamuddin and another vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th APRIL, 2008. Heard Shri E.W.Nawab, Advocate, for the applicant and Shri Fulzele, A.P.P. for respondent. Learned counsel for the applicant points out that there are two dying declarations of the victim. First dying declaration says that she had suffered accidental burns, whereas the other dying declaration implicates the applicants as well as husband. The applicants are the mother- in-law and sister-in-law of the deceased. The allegations against them are that they had caught hold the deceased and the husband had poured kerosene on her person and set her on fire. Learned counsel for the applicant submits that the second dying declaration was because of the instigation by the parents of the deceased, whereas the learned A.P.P. contends that the first dying declaration was recorded by the police official and perhaps incorrectly; without any medical fitness assurance. However, in the circumstance of the case, the applicants being ladies, are entitled for bail. However, subject to conditions. The applicants be released on bail on furnishing surety and P.R. Bond of Rs. 15,000/- each, subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. The above observations are in prima facie view of the matter and shall not in any way influence the trial Judge while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE Rvj.