IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4107 OF 2009 1.Smt. Janabai Shivaji Kale 2. Sandeep Shivaji Kale ...Applicants Vs. The State of Maharashtra ...Respondent ---- Shri Rameshwar N. Gite for Applicants Mrs. M.R. Tidake-APP for State ---- CORAM: V.M. KANADE J. DATE : 9TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicants have been arrested in connection with an offence punishable under sections 306, 498-A, 323, 504 r/w. 34 of the Indian Penal Code vide C.R. No. I-59 of 2009 registered with Vadner Bhairav Police Station. 3. The wife of the Applicant No.2 committed suicide by pouring kerosene on herself on 2.6.2009. Her dying declaration was recorded, in which she had stated that her mother-in-law is abused her by saying that she would not prepare food and would ask her son to marry again. She had stated that when she heard this, she went inside the room and fit of rage poured kerosene on herself. From this dying declaration, it is apparent that her husband -Applicant No.2 was not present at that time when the said incident had occurred. The Applicant no.2 married with deceased Madhuri on 2nd February, 2009 and the said marriage is a second marriage of both the deceased and the Applicant No.2. Taking into consideration the dying declaration it appears that there were no allegations of demand of dowry and the only allegation which is found in the dying declaration is that the Applicant No.1 used to abuse her since she would not prepare food properly. Since this is the only allegation against the Applicant No.1 and the other allegations against the Applicants are of general nature, in my view, the Applicants are entitled to be released on bail. The charge sheet has already been filed in the present case. 4. The Applicants, therefore, be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. They shall report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)