1 criapln3205-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3205 OF 2011 1] Mohammad Takiyoddin Mohammad .. APPLICANT Vs 1] The State of Maha. ...RESPONDENT ... Shri R.S.Deshmukh, Adv.for applicant. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 12/08/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.71/11 registered in City police station, Beed Dist. Beed for offences punishable under Sections 306, 498-A r.w. 34 of I.P.C. Papers of investigation were made available. Heard both sides. 2] The crime is registered on the basis of dying declaration of the wife of applicant. The incident took place on 2/6/11. In dying declaration, it is mentioned that on that day, there was quarrel and in the quarrel, abuses were given to her in filthy language by applicant and his mother, due to that, she set herself on fire. She has 2 criapln3205-11 contended that the applicant had suspicion about her character. Their marriage was solemnized in the year 1999 and she has left behind 2 daughters. In respect of the incident dated 2/6/11, crime was registered on 3/6/11. One dying declaration is recorded by Executive Magistrate and in that dying declaration, it is disclosed that on that day, there was quarrel between deceased and applicant on one side and the applicant and his mother on the other and due to that, she set herself on fire. There is no other reason given for the incident by the deceased in this dying declaration. 3] It was submitted that applicant is behind the bars since 14/6/11 and in view of the nature of material collected by police, there is no possibility of tampering with prosecution witnesses. In view of the aforesaid circumstances, this Court holds that bail needs to be granted to applicant subject to some conditions. 4] Applicant is to be released on bail in Crime No.71/11 registered in City police station, Beed Dist. Beed for offences punishable under Sections 306, 498-A r.w. 34 of I.P.C., on his furnishing PR and SB of Rs.15,000/- . He is not to tamper with prosecution witnesses. He is not to enter locality of the parents of deceased. Hamdast allowed. [T.V.NALAWADE,J.] umg/criapln3205-11 3 criapln3205-11