1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4392 OF 2008 Pramod Ashok Gaikwad & Anr. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Ujwal R.Agandsurve for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.177 of 2008 of Barshi City police station, Solapur. The said crime has been registered against the applicants and four others for having allegedly committed an offence punishable under sections 306, 504, 506 r/w 34 of IPC. 3. It is the prosecution case that the deceased - Noorjahan Shaikh committed suicide by pouring kerosene and setting herself on fire in her own house due to harassment caused to her by the accused persons. Her dying declaration came to be recorded on 29.9.2008 at 5.20 pm in which she has stated that the applicant and 2 2 2 two others on two occasions on 28.9.2008 had visited her house and had allegedly abused her parents. Thereafter, when the parents of deceased were not at home and had gone to the police station to lodge a complaint against co-accused Bapu Nakade and others one boy went to her house and threaten that he would kill her. In the concluding part of the dying declaration she has stated that in view of the harassment caused to her by Bapu Nakade and others she committed suicide. 4. It appears that on 25.9.2008 the deceased had eloped with Vinod Gaikwad, a friend of Bapu Nakade. Her maternal uncle had lodged a missing complaint with Karmala police station on 26.9.2008. The deceased had approached the Karmala police station and gave her statement on 26.9.2008, stating that she was in love with Vinod Gaikwad and further made a grievance against her parents stating that if anything happens to her, her parents should be held responsible for the same. I have perused the FIR dated 8.10.2008. Keeping that in view and considering overall facts and circumstances of the case and considering that the applicants have not been named by the deceased in her dying declaration I am inclined to release them on bail. Hence the following order: 3 3 3 . The applicants to be released on bail in the sum of Rs.25,000/- each with one or two sureties of the like amount subject to condition that the applicants shall report to the concerned police station on every Saturday between 7 and 8 pm for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)