1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4029 OF 2010 Uttam Shankarrao Harne & ors. ..APPLICANTS VERSUS The State of Maharashtra ..RESPONDENT Mr A.N. Kakade, Advocate for the applicants; Mr N.R. Shaikh, A.P.P. for the respondent - State. CORAM : P.V. HARDAS, J. DATE : 20th October, 2010 PER COURT : This is an application under section 439 of the Code of Criminal Procedure by the present applicants, who are arrested on 30.6.2010 in Crime No.198 of 2010 for offence punishable under section 302 read with sec. 34 of the Indian Penal Code, on the allegations that the present applicants and the other accused, namely husband of deceased Rukhminibai poured kerosene on her and set her ablaze. 2. The material which is alleged against the present applicants is in the shape of a dying declaration of Rukhminibai. In the dying declaration Rukhminibai clearly ascribes overt act to the applicants. Rukhminibai 2 also ascribes overt act to her husband of setting her ablaze. In the light of such strong prima facie material, normally this Court would not be inclined to release the applicants on bail. However, taking into consideration the age of the applicant no.1 which is said to be 81 years and the ages of applicants no.2 & 3 which are said to be 71 years and 62 years respectively, I am inclined to allow this application. The release of the present applicant on bail should not be used as a ground of parity at the time of consideration of the application for bail, if filed by the husband. 3. Accordingly, this application is allowed and the applicants are directed to be released on bail on each of the applicants furnishing a P.R. bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Magistrate, on the condition that the applicants shall not tamper the prosecution evidence or influence the prosecution witnesses. Application allowed accordingly. ( P.V.HARDAS, J.) amj/criap4029.10