mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1200 OF 2009 IN CRIMINAL APPEAL NO. 1007 OF 2009 GANGUBAI JAIRAM PATIL .. .. APPLICANT (Orig. Accused No. 3) Versus THE STATE OF MAHARASHTRA ) .. .. RESPONDENT Mr. S. V. Marwadi i/b V. V. Patil for the applicant Mr. V. B. Konde-Deshmukh, APP CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI, JJ. DATED : 29/3/2010 P.C. The applicant along with two others i.e. her son and husband was charged under Section 302, 498A, read with Section 34 of the I.P.C. By the impugned order the applicant has been convicted inter alia under Section 302 of the I.P.C. and sentenced to life imprisonment. The applicant’s appeal is admitted. This is her application for bail. 2. The incident in question took place on 18/6/07 in the residential house of the applicant. We have been taken through two dying declarations. Both the dying declarations are dated 19/6/07. In the first dying declaration which is recorded by PW 7 PC Trambak Gaikwad, the deceased has stated that it is her husband who had poured kerosene on her and set her on fire. This dying declaration does not indicate that the applicant was present at the time of the incident. The second dying declaration is also recorded by PW 7. In that dying declaration the deceased has no doubt stated that the applicant was present, however, she has attributed no role to her. She has categorically stated that her husband poured kerosene and set her on fire. We may also refer to the evidence of PW 4 Prakash Patil, Pancha to the scene of offence. In the cross- examination he has stated that when the incident took place he was at the back of the house of the accused and he went to call the applicant. This prima facie may indicate that the applicant was not present when the incident took place. 3. The applicant is in jail from the date of incident i.e. 19/6/07. She is aged above 50 years. In the circumstances, in our opinion, she should be released on bail. Hence the following order: The applicant Gangubai Jairam Patil is ordered to be released on bail in the sum of Rs.5000/- with one or two sureties to make up amount. The application is disposed of. (Smt. Ranjana Desai, J.) (Smt. V. K. Tahilramani, J.)