1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5397 of 2009 Hemant P. Borse & ors. ... Applicants versus The State of Maharashtra ... Respondent ... Mr.Manoj Kadam for the applicant. Mr.J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 16th February 2010 P.C. 1. Heard. 2. By this application, applicants seek bail in connection with C.R. No.166 of 2008 registered at Manmad City Police Station, District.Nashik in connection with an offence punishable u/s.302, 307, 323, 34 and 498A of the IPC. 3. Applicant no.1 is the husband and applicant no.2 is the mother in law of the deceased Nutan. Applicant no.3 is father in law and applicant no.4 is the brother in law of Nutan. 2 4. According to the prosecution, Nutan was burnt alive on 15th December 2008 in the residential house. I have perused the FIR as also the Dying Declaration of Nutan. Nutan has stated that her husband i.e applicant no.1 poured the kerosene and lit the fire at the instigation of her mother in law i.e. applicant no.2. She has not alleged any role to applicant nos.3 and 4 but has only stated that they were present at that time. The presence of applicant nos.3 and 4 being the family members in the house is just natural and their mere presence may not connect them to the crime. 5. Applicants have been arrested on 15th December 2008 and are in jail for more than 14 months. In the facts and circumstances of the case, in my view, applicant nos.3 and 4 can be granted bail. So far as applicant nos.1 and 2 are concerned, their case is different from applicant nos.3 and 4. Applicant no.1 has actually burnt his wife at the instigation of applicant no.2. In the circumstances their bail application deserves to be rejected. Hence I pass the following order:- O R D E R Applicant nos.3 and 4 be released on bail on each of them executing P.R. Bond of Rs.10,000/- with one surety of the like amount. Application by applicant nos.1 and 2 is rejected. (D.G. KARNIK,J.)