1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.510/2011 Smt. Sarubai w/o Chandu Athawale Vs. State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. H. R. Dhumale , Advocate for the applicant. Mr. C.N. Adgokar, APP for the respondent. CORAM : U.V. BAKRE, J. DATED : 13/10/2011. Heard learned counsel for the applicant and learned APP for the respondent. The applicant, who has been arrested on 14.4.2011 in Crime No.17/2011 registered at Police Station, Pusad, District Yavatmal for offence punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, has filed the present application for bail. Deceased Jayshree was the wife of Siddharth, the son of the applicant. They were married on 23.6.2010. The allegation is that the present applicant, her son Siddharth and uncle of Siddharth, namely Janardhan started ill-treating the deceased for the demand of an amount of Rs. 50,000/- and ultimately on 10.4.2011 Jayshree sustained 62% of burn injuries and died on 2 account of the said injuries on 12.4.2011. Before her death, the deceased gave dying declaration in which she has specifically stated that her mother-in-law Smt. Sarubai used to ill-treat her every day and that on 10.4.2011 when her husband was not at home, her mother-in-law poured kerosene on her due to which she got burnt and that nobody else was present there. In the circumstances above, there is direct prima facie evidence against the present applicant of having committed murder of her daughter-in-law. Learned Advocate Shri Dhumale has contended that both co-accused namely Siddharth and Janardhan are released on bail and, therefore, the present applicant is entitled for bail on the ground of parity. Considering the role of the present applicant, who is directly involved in causing death of deceased, her case cannot be treated as at par with the co-accused. The evidence in the matter has not yet started. I am therefore of the view that the applicant is not entitled for bail at this stage. Hence, the application is rejected. JUDGE Ambulkar.