1 Cr Apln 2429/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No.2429 Of 2011 Atmaram Mahadu Patil & Others. .. Appellants. Versus The State of Maharashtra .. Respondent. -------- Shri. Joydeep Chatterji, Advocate, for applicants. Shri. N.H. Borade, Additional Public Prosecutor, for respondent. -------- CORAM: T.V. NALAWADE, J. DATE: 5th JULY 2011 PER COURT : 1) This application is filed for bail in Crime No. 11/2011 registered at Marwad Police Station, District Jalgaon for offences under sections 302, 143, 147, 457, 448, 452, 427, 323, 504 of the Indian Penal Code. Papers of investigation were made available. 2) Advocate for the applicants has submitted that no specific role is attributed to the applicants in setting fire to the deceased. 2 Cr Apln 2429/2011 3) Papers of investigation include dying declarations of Sangita Patil. In the first dying declaration, on the basis of which crime was registered, there is a contention that on the night between 17th and 18th February, 2011 Gotu Patil knocked door when her husband was absent and he had bad intention. Gotu Patil is nephew of her husband. She realised that Gotu had bad intention. So she closed the door. She immediately contacted her brother Ganesh and father Vinayak. On 18th February 2011 in the evening they came to her house and they went to Gotu and his relatives to question about conduct of Gotu. There is contention in the first dying declaration that applicant No.4 - Ravindra Patil, who is described as "Ravindra Bhabuta" and others entered the house on 18th and they picked up quarrel with her by saying that her brother and father were unnecessarily called and they had picked up quarrel. The deceased some how drove all of them out of the room and she closed the door. She has made allegations that the door of the room was broken and the persons like Sudam, Raju, Bapu entered the room and they poured kerosene on her person from a can in the house and Sudam set fire to her. There is contention in the first dying declaration that her husband and son tried to extinguish fire. At the end there is contention that, applicant No.1 Atmaram Patil was also present there at the time of incident and she has alleged that all of them attempted 3 Cr Apln 2429/2011 to finish her by setting her on fire. The first dying declaration was probably recorded at about 11 hours. The second dying declaration was recorded after mid night by the Executive Magistrate showing that she made allegations against applicant No.1 and applicant No.4 that they had assaulted her brother. In the second dying declaration she has made allegation that Sudam, Raju and Bapu entered her house and they set fire to her after pouring kerosene on her person. There is one more dying declaration recorded at about 4.15 hours of 19-2-2011. In this dying declaration she took names of applicant No.4 Ravindra and applicant No.2 Gulab. In this dying declaration also she made allegations that Sudam set fire to her after pouring kerosene on her person. 4) There are statements of relatives of the deceased on parental side and there is also statement of her husband. Father of the deceased and brother Ganesh have stated that Gotu, Sudam had dragged the deceased out of house and they set fire to the deceased. They have however taken names of accused like Ravindra, Atmaram and Gulab by saying that they had come there and they had pelted stones on the house of the deceased. 4 Cr Apln 2429/2011 5) The aforesaid material shows that the allegation about setting fire to the deceased is against different persons and against present applicants the allegation is mainly that they were part of mob and they had pelted stones on the house. In view of these circumstances, this Court holds that bail can be granted to all the applicants subject to some conditions. 6) So the application is allowed. All the applicants are to be released on bail in Crime No.11 of 2011 of Police Station Marwad, District Jalgaon for offences under sections 302,143,147,451,448,452,427,323,504 of the Indian Penal Code on furnishing PR Bond of Rs.15000/- each with one surety in the like amount each and on conditions that applicants shall not tamper with the prosecution witnesses. The applicants are not to enter village of the brother and father of the deceased. Sd/- (T.V. NALAWADE, J.) rsl