1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application [BA] No. 511 of 2011 (Ramkrisan Kashinath Jare Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y.B. Mandpe, Advocate for the applicant. Mrs. B.P. Maldhure, A.P.P. for the State/non-applicant. CORAM : M.N. GILANI J. DATE : 11 th NOVEMBER, 2011 1] Heard. 2] This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail against whom an offence bearing Crime No. 43/2011 for the offence punishable under Sections 302, 304-B, 498-A read with Section 34 of the Indian Penal Code is registered with Police Station Lonar, District Buldhana. 3] Married lady by name Gangasagar, aged 19 years, had sustained 80% burn injuries on 06/05/2011 and succumbed to the injuries on 12/05/2011. She had married the applicant-accused on 28/05/2010. On 06/05/2011, the deceased, applicant and his parents were in the house. It is alleged that in the early morning at 05:00 a.m. to 05:30 a.m., the applicant, his mother and his father poured kerosene on the person of the deceased and set her on fire. The dying declaration of deceased was recorded in the evening of the 2 same day by the Executive Magistrate in presence of the Medical Officer. On that basis an offence came to be registered. 4] Learned Sessions Judge vide order dated 17/08/2011 rejected the bail application of the applicant- accused holding that a prima facie case under Section 302 of I.P.C. is made out against him. 5] Mr. Y.B. Mandpe, learned Advocate appearing for the applicant contended that the other two co-accused have been released on bail and, therefore, on the ground of parity, the present applicant is also entitled to be released on bail. 6] It seems that the order of releasing those other two co-accused by the learned Sessions Judge is not annexed to this application. Therefore, it is not discernible as to why they were granted bail. Presumably, it could be for the reason that they are the mother-in-law and father-in-law and the main role in causing death of the deceased was that of husband i.e. the present applicant. 7] From the dying declaration, it is very clear that the applicant participated in commission of offence of causing death of his wife. The motive is also attributed to him. It is stated in the dying declaration that the present applicant always used to utter that the deceased being darkie, he was not liking her. 3 8] Considering the gravity and nature of the offence and also the fact that just within a year of the marriage, a 19 years old woman lost her life in her matrimonial house, it will not be desirable to release the applicant on bail. The application is rejected. JUDGE *sdw