[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3690 OF 2008 Rajendra Ganpat Salunke ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Rahul S.Kate Advocate for Applicant Mr.S.R.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.176 of 2008 of Karmala Police Station, Dist.Solapur. The said case is mainly under Sections 436 and 323 of IPC and under Sections 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 3. The case of the complainant is that her son took some fruits from the garden of the accused without his permission, hence, the accused persons [-2-] abused her. Thereafter, the applicant threatened her that she should leave the village otherwise he would set her house on fire. 4. In the FIR the complainant has stated that the applicant set her house on fire. It is the prosecution case that damage of Rs.30,000/- was caused on account of fire. However, in the further statement dated 27.7.2008 the complainant has stated that when she met her husband at about 2.30 p.m. at that time, one Santosh Galande told the complainant and her husband that their house is on fire. Hence, the complainant, her husband and some other persons went to her house and they saw her house was on fire. 5. The statement of Santosh Galande shows that he himself has not personally witnesses anyone setting the house of the complainant on fire. The learned advocate for the applicant submitted that further statement of the complainant clearly shows that she has not actually witnessed anyone setting her house on fire. He submitted that there is no material to show that the applicant actually set the house of complainant on fire. In the present case, the [-3-] investigation is over and the charge sheet has been filed. The learned APP was not able to point out any material to show that applicant actually set the house of complainant on fire. Looking to these facts, I am inclined to grant bail to the applicant. 6. The applicant-Rajendra Ganpat Salunke be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Karmala Police Station, once in a week till conclusion of the trial. 7. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]