{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2267 OF 2010 Dharamsing s/o Ratansing Usare Age-25 years, Occ-Pvt.Service R/o Wanjoda Usarwadi, Tq-Sillod, Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.S.Barlota, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st July 2010 PER COURT: 1. By the present criminal application, the applicant, who is husband of deceased Chhannubai, has prayed to release him on bail in connection with CR No.364/2009 registered with Mukundwadi police station, Aurangabad for an offence punishable u/s 302, 307, 323, 504 of the Indian Penal Code, as he is arrested on 30th December 2009 and since then he is in jail. It is informed that in this offence, after completion of the investigation, charge sheet has been filed on 10th March 2010 and the case is committed {2} to the Court of Sessions and numbered as Sessions Case No. 87/2007 and pending for hearing on the file of 6th Additional Sessions Judge, Aurangabad 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. Relationship between the applicant and the deceased, as husband and wife, is not disputed. Admittedly, they were residing in Hussain Colony. Even it is not disputed that the incident occurred in the night of 11th December 2009. The deceased expired in Ghati Hospital in the early hours of 12th December due to burn injuries. What is disputed is as per the statement of the deceased herself, whether the applicant poured kerosene on her person and set her on fire, as he was suspecting her character or the complainant herself set on fire and at that time the applicant was outside the room. 4. Perusal of the complaint, particularly last part indicates that it is alleged by the complainant that in the night of 11th December at about 11 p.m. as her husband was suspecting her character, he poured kerosene on her person and set her on fire. During the course of investigation statements of the land lord, his wife and others are recorded. These statement show that after hearing shouts and commotion, they came outside and saw that some female voice was coming from inside the room. Thereafter the {3} window and the door of the room were broke opened and the complainant was taken out from the room in partly burnt condition. Thereafter, she was taken to Ghati Hospital. As per these statements, if the applicant was outside the room, which was bolted from inside, then for the injuries sustained by the complainant, prima facie, the applicant cannot be held responsible. In the premise, the applicant deserves to be enlarged on bail. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount, if not wanted for any other offence. Applicant is directed not to leave the local jurisdiction of the police station / Court, without previous permission in writing form the concerned criminal court or the investigating officer. Accordingly, the application stands disposed of. 6. It is, however, clarified that the above observations are prima facie based on the papers of investigation and the learned Sessions Judge need not be influenced by the same while conducting the trial. [A.V.POTDAR, J.] drp/B10/criapln2267-10