FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3552 OF 2011 VIJAYKUMAR BHAIRAVNATH RAIKWAR VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Petitioner(s) : Mr. Gaware Niteen V. APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under Crime No.I-236/2011, registered at Tofkhana Police Station, District Ahmednagar, for the offences punishable under sections 498-A and 306 of Indian Penal Code. It appears that the applicant has been granted interim anticipatory bail, by this Court by order dated 16.8.2011, and same is effective till today. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. It appears that offence has been registered on the basis of Dying Declaration given by the victim namely Jayashri Vijay Raikar offence has been registered on 28.6.2011. The contents of the said statement discloses that, victim Jayashri married with the applicant around six years back and he is serving in D.I.L.R. Office and at about 11.00 am on the said date i.e. 28.6.2011, when she had kept water in a container on the stove, since said stove was old, it blasted and thereby she sustained burns. Said statement further discloses that, her husband used to quarrel with her frequently and thereby she was fed up with the said ill-treatment and her life, and therefore, she was in the thought process of the said ill-treatment by the husband and, therefore, she did not keep vigilance towards stove and thereby excessive air was filled therein. 4. Considering the contents of the said dying declaration/First Information Report of the victim Jayashree, apparently, it appears that victim met with the accidental death and not with the suicidal death and the issue of the alleged ill-treatment by the husband, leading to the said accidental death of the victim is matter of appreciation of the evidence, FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders which can be done at the time of trial. Learned counsel for the applicant also pointed out that the applicant tried to extinguish the fire and sustained 10% burn injuries therein and certificate dated 22.8.2011 in that regard was produced to substantiate the same. 5. Considering the accusations made against the applicant and considering the very ingredients of section 306 of Indian Penal Code, the applicant deserves for grant of anticipatory bail by allowing present application. 6. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 16.8.2011 stands confirmed on the following conditions :- i) The applicant shall give attendance before the concerned Investigator on every Sunday in the afternoon between 12.00 noon to 02.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 7. Present application/s stands disposed of finally. These observations are the primafacie observations, may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***