[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2669 OF 2008 Dastagir @ Mamu Mulani Jamal Sayyad and four others ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Sachin R.Rahate for Mr.Jaydeep D.Mane Advocate for Applicants Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.90 of 2008 of Karmala Police Station. The said case is mainly under Section 306 of IPC. 3. Deceased Gangubai set herself on fire on 27.4.2008. It is the prosecution case that due to harassment by the applicants and the co-accused, Gangubai set herself on fire on 27.4.2008 and she died due to burn injuries on 29.4.2008. [-2-] 4. Two dying declarations of Gangubai came to be recorded. In the second dying declaration dated 29.4.2008, Gangubai has only attributed role to Sushant Arkile and there is no reference to the present applicants in the said dying declaration. On perusal of the first dying declaration recorded on 27.4.2008, it is seen that there is reference to the names of the applicants. However, on careful perusal of the said dying declaration, it is seen that Gangubai has stated that there was an earlier case in which one Sushant Arkile and the applicants were involved. She was going to the police station in order to compromise the said case. She went to the police station in order to give her statement. On reaching the police station, she saw about 20 persons gathered there. On seeing them, she got frightened as well as angry and hence, she poured kerosene on herself and set herself on fire. It is pertinent to note that Gangubai has not stated that the some of applicants were present at that time or that any of the applicants were part of the crowd of 20 persons who had gathered near the police station. In this view of the matter, I am inclined to grant bail to the applicants. [-3-] 5. Each of the applicant nos.1 to 5 i.e. applicant no.1-Dastagir @ Mamu Mulani Jamal Sayyad, applicant no.2-Changdev Sopan Iwale, applicant no.3-Ramchandra Sitaram Kamble, applicant no.4-Shivaji @ Huka Janardan Mahadik and applicant no.5-Dinkar Ramchandra Indalkar be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) each with one or two sureties to make up the said amount. The applicants to report to Karmala Police Station once in a fortnight till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]