1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2752 OF 2010 Sow. Ashabai w/o Suresh Madane Applicant Versus State of Maharashtra, through Police Station Officer, Police Station, Kalamnuri. Respondent Mr. S.S.Rathi, advocate for the applicant. Mr. P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, applicant has approached this Court to release her on bail in the event of her arrest in Crime No.30/10, registered in Kalamnuri Police Station, District Hingoli, for the alleged offence under Sections 302, 498A read with Section 34 of the Indian Penal Code. 2 Heard Counsel for the applicant and learned A.P.P. for the State. Also perused the papers of investigation. 3 It appears that the said offence came to be registered on the complaint of one Godavari Ramrao Madane, who was set on fire by her husband Ramrao Madane in the afternoon on 13 th March 2010. The 2 applicant is the wife of elder brother of husband of Godavari. It is alleged that husband of Godavari was having illicit relations with present applicant and as Godavari came to know about these relations, husband of Godavari got annoyed. He was illegally demanding from Godavari some monetary consideration, which she failed to fulfill. On the day of incident, in the afternoon, Godavari was set on fire by her husband Ramrao and thereafter he shut the door of the house and ran away from the spot. In burning condition, Godavari came out of the house and on seeing her condition, neighbours shifted her to the hospital where her dying declaration was recorded and on the basis of that dying declaration, said CR came to be registered. Said Godavari succumbed due to burn injuries on 16 th March, 2010. Hence, the offence initially registered under different Sections was converted under Sections 302, 498A read with Section 34 of the Indian Penal Code. 4 Considering the submissions across the Bar advanced by learned Counsel for the applicant as well as learned A.P.P. and on perusal of the allegations in the complaint made by victim / deceased Godavari, it is clear that at the time of incident, applicant was not present, neither there are allegations that the applicant had instigated husband of deceased Godavari to set her on fire. As there is no actual / physical participation in the act by which Godavari sustained burn injuries as well as there are no allegations about instigation to the husband of Godavari to set her on fire, at the instance of applicant, a case is made out to enlarge the applicant on bail, as she apprehend her arrest in the alleged offence. 5 Hence, applicant deserve the following order: 3 ORDER (a) In the event of arrest of the applicant – Ashabai w/o Suresh Madane in connection with CR No.30/10, registered in Kalamnuri Police Station, District Hingoli, she be released on bail on furnishing solvent surety in the sum of Rs.15,000/- and on executing P.R. Bond in the like amount. (b) This protection is granted for a period of ten days, within which, the applicant may approach to the lower Court for regular bail. (c) Criminal Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln275210