(1) CRI.APP. 3277.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3277 OF 2010 1. Bebi w/o Nana Borude, Age : 50 years, Occu: Household, R/o : Shekte, Taluka Shevgaon, District Ahmednagar 2. Chhaya @ Tai @ Shila w/o Govind Gade Age : 28 years, Occu.: Household, R/o : Shekte, Taluka Shevgaon, District Ahmednagar 3. Archana w/o Nilesh @ Bhaurao Borude, Age : 20 years, Occu.: Household, R/o : Shekte, Taluka Shevgaon, District Ahmednagar .. Applicants VERSUS The State of Maharashtra, Through Shevgaon Police Station, Taluka Shevgaon, District Ahmednagar (Copy of respondent to be served on the Office of Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent Mr. S.S. Deshmukh, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 2ND SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek direction under section 438 of the Code of Criminal Procedure. (2) CRI.APP. 3277.2010 2. They apprehend their arrest in connection with crime no. I-61/2010 registered with Shevgaon Police Station. The offences under section 307, 452, 324, 323, 504 r/w. 34 of the Indian Penal Code are registered against the present applicants and other accused persons. 3. Heard learned counsel for the applicants and the learned APP. 4. Perusal of the investigation papers prima facie indicate that when the statement of injured complainant Appasaheb was recorded, at the first available opportunity, he stated that on 6.5.2010 when he returned home at around 5:00 pm. then he noticed that some women were beating his daughter-in- law and one of them had bitten her hand. He narrated that main accused by name Nana Borude was in drunken condition and came to his house at about midgnight alongwith his accomplice. It is alleged that Nana Borude poured kerosene alongwith co-accused Bhaurao Nana Borude and thereafter set him ablaze by throwing (3) CRI.APP. 3277.2010 a burning matchstick on the kilt. He suffered burn injuries. 5. It appears that in the subsequent dying declaration, he narrated that the applicants had beaten up his daughter-in-law. The applicants did not participate in the subsequent event which occurred in the midnight. The deceased Appasaheb subsequently died as a result of the burn injuries which caused septicemia. 6. The applicants are women and are not directly concerned with the incident which resulted into death of the victim i.e. Appasaheb. The role, even if the dying declaration is prima facie acceptable, attributed to the applicants is that in the evening at about 5:00 pm., they had beaten up wife and daughter-in-law of deceased informant-Appasaheb. Considering the role attributed to them, it is difficult to connect them with the serious offence regarding the death of said Appasaheb. (4) CRI.APP. 3277.2010 7. Under the circumstances, the Application deserves to be allowed. The Application is accordingly allowed and the anticipatory bail in terms of the ad-interim order is confirmed. The bail order shall be operative only till filing of the chargesheet. Sd/- [V.R. KINGAONKAR, J.] arp