1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.208 OF 2009 (UTTAM TRAMBAK BILAWAR & BEBIBAI UTTAM BILLAWAR Vs. STATE OF MAHARASHTRA THR. PSO MALKAPUR.) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.J.Thakkar, Advocate for Applicants. Shri P.D.Kothari, A.P.P. for Respondent/ State. CORAM : R.C.CHAVAN, J. DATED : MARCH 23, 2008. 1. Heard learned counsel for the parties. 2. This is an application by in-laws of the victim, who died of burn injuries, for being admitted to bail. They had been arrested on 09.07.2008 i.e. on the date of offence. The Dying Declaration of the victim, recorded before the Magistrate, shows that the applicants were merely present and had, in fact, extinguished fire. The statement of victim, recorded by the police, however, attributes an active role to the applicants in setting the victim on fire. Since the victim had not stated so before the Magistrate, it may not be necessary to refuse bail to the applicants till the trial is 2 over. Eventually, it would be for the trial Court to decide as to which of the two dying declarations he believes. 3. In view of this, the applicants be released on their furnishing P.R.B. in Rs. Fifty Thousand each with solvent surety in the like amount. JUDGE RR.