Cri.Appln.No.3695/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3695 OF 2011 1. Rashida w/o Hasan Shaikh 2. Hasan s/o Gulab Shaikh Both r/o Shingnapur, Taluka Kopargaon, District Ahmednagar .. Applicants Versus - The State of Maharashtra and anr. .. Respondents Smt.S.S.Jadhav, Advocate for applicants Mrs R.K.Ladda, A.P.P. for respondents CORAM : SHRIHARI P. DAVARE, J. DATE : 8th September 2011 PER COURT 1. Perused the investigation papers which were made available for perusal purpose and heard respective learned Counsel for the parties finally. 2. This is an application preferred by the applicants seeking anticipatory bail apprehending their arrest under C.R.No.167/2011 registered at Shirdi Police Station, District Ahmednagar, for the offence punishable under Section 302 and 498-A of the Indian Penal Code. Cri.Appln.No.3695/2011 2 3. At the outset, the Interim anticipatory bail granted by this Court by order dated 25th August 2011 is effective till today. 3. It appears that a crime has been registered on the basis of the complaint lodged by Najmum Lathif Shaikh dated 31.7.2011. The applicants No.1 and 2 are the father-in-law and mother-in-law of the said complainant, respectively. It is alleged that the complainant’s husband and the applicant herein used to ill-treat the complainant and on the date of the incident i.e. on 31.7.2011 at about 9.30 p.m. to 10.00 p.m. the husband of the complainant took out the quarrel with the complainant and poured kerosene from the drum on the person of the complainant and set her ablaze. The complainant sustained 94% burn injuries and succumbed to the said injuries. 4. On the face of the aforesaid position and on perusal of the contents of the first information report, it appears that although the names of the applicants have been reflected in the first information report, role attributed to them in the occurrence of the incident appears to be instigation to their son viz. Latif, husband of the complainant and no overt act has been attributed to them in the occurrence of the incident. Moreover, the applicant No.1 is of 59 years and applicant No.2 is of 65 years old respectively. Cri.Appln.No.3695/2011 3 5. It is canvassed that the applicants were residing separately at Kopargaon, whereas their son Latif and his wife were residing at Shirdi and incident had also occurred at Shirdi. 6. Having the comprehensive view of the matter and considering the accusations made against the applicants herein and nature and gravity thereof, it appears that the custodial interrogation is not imperative for the further progress in the investigation in proper perspective and, therefore, the applicants deserve the grant of anticipatory bail, and therefore, interim anticipatory bail granted to them is required to be made absolute. 7. In the result, present application is allowed and the interim anticipatory bail granted to the applicants by order of this Court on 25th August 2011 stands confirmed, on the following conditions :- (i) The applicant Nos.1 and 2 shall give their attendance before the concerned Investigator as and when required till filing of the charge-sheet and shall co-operate in the investigation; (ii) The applicant Nos.1 and 2 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. Cri.Appln.No.3695/2011 4 Present application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) (vvr/3695.11criappln)