Cri. Apln. No. 1830/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1830 OF 2011 1. Balaji Sambhaji Doiwad, 2. Sambhaji s/o. Laxman Doiwad, 3. Sumanbai w/o. Sambhaji Doiwad, All R/o. Kopra, Tq. Naigaon (K), Dist. Nanded. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. U.B. Bilolikar, Advocate for applicants. Mr. G.R. Ingole, APP for respondent. CORAM : T. V. NALAWADE, J. DATED : 8th June, 2011. PER COURT : 1. This application is filed under section 439 of Criminal Procedure Code for regular bail in Cr. No. 80/2010 registered with Naigaon Police Station, Dist. Nanded for offences punishable under sections 302, 307, 498-A and 34 of the Indian Penal Code. The APP has made the record available for perusal. Both the sides are heard. 2. The report is given by a brother of the deceased. He has made allegations that the deceased was given in marriage about 3 years prior Cri. Apln. No. 1830/2011 2 to the incident to applicant No. 1 and after the marriage, the applicants started demanding Rs. 70,000/- as they wanted to dig a well in the land and wanted to purchase the T.V. He has contended that the deceased used to disclose that all the three applicants were giving illtreatment to her as the demand was not met with. The incident took place on 23.12.2010 and after learning about the incident, brother of deceased went to hospital and on 23.12.2010 in hospital the deceased made disclosure to the brother that all the three accused persons had set her on fire after pouring kerosene on her person. 3. Papers of investigation show that deceased had sustained 98% burn injuries. There is record like spot panchanama, recorded dying declaration and the statements of witnesses to whom disclosure was made by the deceased. From the record, it can be said that allegations are made against all the three applicants and there is no specific role mentioned against the applicants. The incident took place in the house of applicants and so during trial it will be necessary for husband to explain the incident. It was submitted for applicants that the deceased has left behind one minor child and there is nobody to take care of the minor issue. The age of the applicant No. 2 is given as 70 years and the age of the applicant No. 3 is given as 65 years in the arrest panchanamas. In view of these circumstances, bail can be granted to only applicant Nos. 2 and 3. It was responsibility mainly of applicant No. 1 to take care Cri. Apln. No. 1830/2011 3 of the deceased. In view of these circumstances of the case, bail cannot be granted to him. So, the order. (1) Application of applicant No. 1 Balaji Sambhaji Doiwad stands rejected. (2) Application of applicant Nos. 2 and 3 namely Sambhaji Laxman Doiwad and Sumanbai Sambhaji Doiwad, respectively, is allowed. (3) Applicant Nos. 2 and 3 are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand), each. They are not to tamper the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln1830/11