1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3521/2009 [Ashokrao Mukinderao Khandare and another - .vrs. State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. D.G.Patil, Advocate, for the applicant Mr. A.D.Sonak, APP for respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 16, 2009. Heard. By the present application, the old aged applicants who are respectively father-in-law and mother in law of one deceased Sarita, who had succumbed to death on 28.10.2009 due to burn injuries, have prayed for protection under Section 438 of Criminal Procedure Code, in connection with Crime No. 38/2009 registered with Police Station Vasantnagar (Pophali), Distt. Yavatmal on 1.11.2009 for commission of offence punishable under Section 306, 498-A r/w Section 34 of the Indian Penal Code. Having regard to the fact that the incident in question had taken place on 27.10.2009, the dying declaration of the deceased was recorded by constable on the same day and also by Executive Magistrate on the same day, does not implicate the applicant and on the 2 contrary reveals that deceased has sustained accidental burn injuries and the third oral dying declaration varying with the earlier two dying declaration reveals that in spite of the claim of the complainant - brother of deceased that deceased having told him that she has burnt herself due to herself being subjected to cruelty from the persons from her in-laws side on the day of incident, but having not immediately reported the same to the police and as such, such theory forthcoming after about 6 days, the submission of learned APP to deny the bail on the said basis cannot be accepted as prima facie, the matters from the earlier dying declaration have an effect to rebut the inferences, if any, arising from the third dying declaration and so also other material regarding cruelty to the deceased on similar lines in statement of witnesses again surfacing after much delay. Having regard to the same, the reasonable possibility of false implication of applicants being borne out from prosecution material, they deserve to be protected by exercising powers under Section 438 of Code of Criminal Procedure. The Investigation Officer of Crime No. 38 of 2009 is hereby directed that in the event of arrest of the applicants in connection with the said crime, they shall be released on anticipatory bail uptill submission of charge sheet in the said crime subject to each of them furnishing P.R.Bond in a sum of Rs. 30,000/- each with one surety in the like amount and subject to the conditions that each of 3 the applicant shall (i) attend Police Station Vasant Nagar every day between 11 a.m & 1 p.m for first 7 days and thereafter as and when called by the I.O untill filing of the charge sheet; (ii) not directly or indirectly to make any inducement, threat or promise to any person acquainted with the facts of crime under the investigation for dissuading the said person from disclosing the facts within his knowledge to the investigating officer; (iii) not to leave the residential address mentioned in the application without the permission of this Court and (iv) not to commit any offence while being on bail granted vide this order. Applications stand disposed of. JUDGE Rvjalit