1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2101 OF 2010 Mangal Jatan Sapkale, Age-36 years, Occu-Labour, R/o.Tadepura, Amalner, Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr. , learned counsel for applicant. Mr. , learned APP for State CORAM : A.V.POTDAR, J. DATE : 06/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 11/2010, registered in Amalner Police Station, Dist. Jalgaon, in which the applicant came to be arrested on 15/01/2010, and after completion of investigation, charge sheet was filed in the Court of J.M.F.C. Amalner on 12/04/2010. Then the case is committed to the Sessions Court, in which charge was framed, but the case is waiting for its turn to commence. 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. Perusal of the papers of investigation shows that the present applicant is the paramour of deceased Aruna. The incident occurred in the night of 14/01/2010 and 15/01/2010. In the said night, the applicant had been to the house of deceased Aruna. Even though, Aruna is claiming to be the keep of said applicant, the applicant suspect that the deceased might have otherwise relations with somebody else also. Son of the deceased was present in the house, but it is stated that he was found slept. It is alleged that in the anger, applicant poured kerosene on the person of deceased and set her on fire, then went outside and put lock from the outside. Then the deceased was admitted in the hospital at Amalner, where her first dying declaration was recorded at 1.15 a.m., which was treated as FIR. Her next 2 dying declarations were recorded on 16/01/2010 and 18/01/2010. It appears that the last dying declaration of the deceased was recorded, as the application was moved by the son of deceased before the Investigation Officer that the deceased want to change her earlier dying declaration, as according to her, she has not narrated the correct facts in her earlier dying declarations. In this dying declaration, she has exonerated the applicant from the alleged act committed by him. Statement was made across the bar that the deceased was suffering from mental illness Schizophrenia. Hence directions were given to learned APP to collect the requisite papers, if any, given to the deceased in past. Today, medical papers relating to the treatment provided to the deceased were placed on record, which 3 shows that in reality, the deceased was suffering from Schizophrenia, and due to that she is in habit to make such wild allegations. 4. It can not be disputed that death of deceased Aruna was occurred due to burn injuries. Even though at the time of alleged incident, son of the deceased was present in the said premises, whose statement was recorded during the investigation, it do not support the first two dying declaration. It is also not supported by the statements of the neighbourers recorded during the investigation. If it is so, as now the investigation is over, there are no chances of applicant to interfere in the investigation or tamper with the prosecution witnesses, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. It is made clear that the observations of this Court in this order are prima facie, based on the documents placed on record at the time of submissions across the bar. Learned Sessions Court, not to influence with these observations. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2101-10