1 CR.APL NO.948-11crapl FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 12. APPLN/948/2011 BALU SUKHDEO KAMBLE AND ANR [Criminal] V/S STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Joydeep Chatterji, Adv., for the applicant. Mr.K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:28/3/2011 ... 1. Heard finally. The accused/applicants, in custody from 23.11.2010 and 24.11.2010, in Crime No.I-181/2010, registered at Nagar Taluka Police Station, for an offense under Section 302 read with Section 34 of IPC, seek bail. 2. Manisha married to Dnyandeo. Dnyandeo, due to poor eye sight, could not engage himself in employment. Mother-in-law of Manisha, Smt.Bhimabai, says Manisha was credulous. However, at the same time, Manisha was in the habit of picking quarrels with neighbours and on earlier 5/6 occasions, she 2 CR.APL NO.948-11crapl doused kerosene on herself but did not immolate. 3. The roles attributed to the accused/applicants are, being dissatisfied with the conduct of Manisha, they exhorted Dnyandeo to eliminate Manisha by dousing kerosene to avoid regular brawl and, in the fit of anger, Dnyandeo complied. 4. In the second statement, dt. 23.3.2010, at 11.50 a.m., recorded in presence of Medical Officer by Revenue Authorities ( Naib Tehsildar), she does not implicate the accused/applicants. Though in answer to question No.4, she disclosed few earlier events of assault or sprinkling kerosene to Manisha. Independent witness Reubai says when Manisha immolated, both the applicants were not present nor she saw them. The neighbouring ladies took Manisha to nearby road and, thereafter, she was removed in a hospital at Nagar, where she succumbed on 27/11/2010. 3 CR.APL NO.948-11crapl 5. Considering the above aspects of the matter, since chargesheet is already filed, investigation is completed, no criminal record against the accused/applicants and the state of affairs of the dying declaration illustrate, no primary role implicating the accused/applicants, barring instigation, the applicants/accused deserve bail. ORDER (a) The accused/applicants (No.1 Balu Sukhdeo Kamble and No.2 Gorakh Sukhdeo Kamble) be released on their furnishing P.R. bond and surety in the sum of Rs.15,000/- ( Rs. Fifteen thousand) each. (b) The accused applicants shall not influence the witnesses, shall attend the trial scrupulously. (K.U.CHANDIWAL) JUDGE ... AGP/948-11crapl