1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2990 OF 2009 1. Haibatrao @ Shivanand Siddhap0pa Gurav, 2. Shantabai Haibatrao Gurav .. Applicant Vs State of Maharashtra .. Respondent Mr V.V.Purwant, for the applicant. Smt. S.D.Shinde, APP, for the respondent-State. CORAM : D.B.BHOSALE, J. DATE : 17/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicants are seeking anticipatory bail in C.R.No. 29 of 2009 of Valsang Police Station. The crime has been registered against the applicants for having allegedly committed an offence punishable under sections 498(A), 307 read with 34 of IPC. 3. The allegation against all the accused including the present applicants is that the deceased was subjected to harassment with a view to coercing her to fulfill their unlawful demand of monies. It is further alleged that on 13.5.2009 in the T 2 morning at about 10.30 am, the husband of the deceased- Shannama poured kerosene and set her ablaze. The husband has already been arrested. There are three dying declarations of the deceased on record, recorded on 13.5.09, 14.5.09, and 16.5.09. In the first two dying declarations, she did not implicate the applicants at all and on the contrary she stated that the applicants were not in the house and when she shouted they rushed to the house and tried to extinguish the fire. In the third dying declaration recorded on 16.5.2009, she stated that the applicants also used to harass her to fulfill their demand of gold. In this dying declaration, she has attributed specific overt act only to the husband. Keeping that in view and having considered overall facts and circumstances of the case and the nature of allegations against the present applicants, in my opinion, custodial interrogation of the applicants, who are elderly persons, is not necessary. Hence, the following order. In the event of arrest, both the applicants be released on bail in the sum of Rs.10,000/- each with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicants are directed to report to the concerned police station on every alternate day between 10 am and 12 noon till 30.7.2009 and thereafter on every alternate 3 Saturday between 10 and 11 am for a period of 90 days from today or till filing of the chargesheet, whichever is earlier. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)