1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 401 OF 2011 ( Ribai wd/o Narayan Karlekar Vs. State of Mah. City P.S. Chandrapur) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. D. Hazare Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JULY, 2011. . This is an application for releasing the applicant on bail against whom offence bearing Crime No. 93 of 2011 is registered with the Police Station Chandrapur, for the offence punishable under Sections 498-A and 302 read with Section 34 of Indian Penal Code. One Nilima married Sainath son of the applicant in the year 2007. On 09.03.2011 in the morning hours father received information that she had sustained burns. Accordingly she was brought to Civil Hospital Chandrapur. She made oral dying declaration to her father that her husband Sainath poured kerosene oil on her person and set her on fire. She had also stated 2 that her mother-in-law i.e. the present applicant had caught hold of her hair, pulled her and knocked her on the ground. On the very day Nilima succumbed to the burn injuries. No written dying declaration could be recorded. Learned Additional Sessions Judge, rejected the bail application of the applicant on 18.06.2011. It seems that some broad circumstances were lost sight of by the learned Additional Sessions Judge: i] The incident occurred at 4 a.m. i.e in the wee hours. This is consistent with the case of the applicant that at that time the deceased and her husband were sleeping in the room where as she and grand daughter were sleeping outside in the varandah. ii] The case rests upon the oral dying declaration made to the father. iii] Father kept mum for three days and did not divulge this fact to the police or to anybody else. iv] Applicant is a lady aged about 65 years. v] In the incident son of the applicant i.e. husband of the deceased sustained 38% burns and was required to be admitted in the hospital. Aforesaid circumstances are relevant and prima facie appear consistent with the case of the applicant that at the time of 3 incident she was sleeping in the house. Considering that she is a lady aged more than 65 years of age, question of she tampering with the evidence does not arise. In this view of the matter, application is allowed. Applicant-Raibai wd/o Narayan Karlekar be released on her executing PR bond in the sum of Rs. 10,000/- with one surety in the like amount. JUDGE svk