IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 835 OF 2009 CRIMINAL APPLICATION NO. 835 OF 2009 CRIMINAL APPLICATION NO. 835 OF 2009 1. Habibulla Abdulkadar Lahori, 2. Raziya Habibulla Lahori ...Applicants vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 24, 2009 DATED : FEBRUARY 24, 2009 DATED : FEBRUARY 24, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. This is an application for bail. The applicants were arrested in connection with C.R.No.312/2008 registered with Sadar Bazar Police Station. The applicants are father-in-law and mother-in-law of the deceased son-in-law Nabilal Abdul Kadir Shaikh. It is an unusual case where the allegation is made by the prosecution that Nabilal was killed by his wife and by her parents and other members of her family by pouring kerosene on him and setting him on fire. The dying - 2 - declaration of the deceased has been recorded in which he alleges that the applicants alongwith others had set him on fire by pouring kerosene. The daughter of the deceased in her statement has stated that when she came back home, she noticed that her father was running out of the house and her mother was standing outside the house. She has not stated that the present applicants were present at the said site where the incident took place. The two dying declarations which are recorded by the police clearly indicate that there is some discrepancy in the first and the second dying declaration. There is also inconsistency between the statement of the daughter of the deceased who gave the total different version about the said incident and which also indicates that mother was outside the house and her father who was already ablaze and was running outside the house calling for help. Taking into consideration these facts, in my view, the applicants deserve to be released on bail, firstly, they were not residing with the deceased. There is no material to indicate that they were present at the site when the said incident took place apart from the statement made - 3 - by the deceased in his dying declaration. Charge-sheet also has been filed. Therefore, in my view, continued detention of the applicants, under these circumstances, is not necessary. 3. The applicants, therefore, be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. The applicants shall report to the concerned police station one in a month. 4. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)