1 CR.APL NO.1455/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 16. APPLN/1455/2011 YOGESH MANIK BHARUDE [Criminal] V/S THE STATE OF MAHRASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Vijay Sharma, Adv., for the applicant. Mr.K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:19/4/2011 1. Heard Counsel and learned A.P.P. Perused the investigation papers. The deceased, who married to accused/applicant Yogesh on 25th Dec., 2010, suffered in the unfortunate event dt.2nd Feb.,2011 and expired on 22nd Feb.,2011. 2. The two dying declarations of deceased Vaishali dt.1st Feb.,2011, recorded by Police Officer, Jalgaon, and another, in question and answer form, recorded in presence of Executive Magistrate, Jalgaon, and also in presence of the Medical Officer, illustrated that the victim suffered accidental burns. In these statements, she does not implicate the 2 CR.APL NO.1455/2011 accused/applicant in particular. On the contrary, in the dying declaration, she submits that it was the accused, her husband who extinguished the fire. Post mortem notes illustrated that the death of Vaishali was due septicemic shock due to 60 Grade II burn. It is pertinent that the deceased Vaishali breathed her last after 20 days of her suffering of burns dt.2nd Feb.,2011. Though the events of demand are attributable to the accused/applicant or harassment, however, for that purpose, further custody now is not required as accused/applicant is in custody from 18th March, 2011. 3. Considering above aspects of the matter, though the gravity is writ large, however, it could not be to the discredit of the accused/applicant, in showing any instrumentality to burn his wife. Hence order: ORDER (a) The accused/applicant Yogesh Manik Bharude be released on his furnishing P.R. bond and surety in the su of Rs. 15,000/- ( Rs. fifteen thousand). (b) After his release, the 3 CR.APL NO.1455/2011 accused/applicant shall attend the investigator on last Sunday of every month till conclusion of the trial. He shall not influence the witnesses. c) The accused/applicant shall comply the conditions laid down in Section 437 Cr.P.C., particularly, (i) the accused/applicant shall not commit an offense similar to the offense of which he is accused, or suspected, of the commission of which he is suspected. (ii) the accused/applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. Application (No.1455/2011) allowed in above terms. Hamdast permitted. (K.U.CHANDIWAL) JUDGE ... AGP/1455-11crapl