1 CR.APL NO.722/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 13. APPLN/722/2011 KASHINATH TUKARAM SHENDGE [Criminal] AND ORS V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.K.Bhosle, Adv., for the applicant. Mr. N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:8-3-2011 1. Heard. Kavita, the deceased, married to Raju. She, allegedly, questioned her husband for not returning home or not seen for last three days. Resultantly, her husband Raju got annoyed, assaulted her. He doused kerosene from the can and lit a matchstick, set her ablaze. At such time, the accused/applicants were present, allegedly instigated Raju to eliminate her as the deceased Kavita was leaning to be arrogant. In the second dying declaration dt. 19.12.2010, she does not indicate such instigation at the behest of the accused/applicants, however, in the last but one question she 2 CR.APL NO.722/2011 informs to the Special Judicial Magistrate that she has grievance against the applicants, including her husband. 2. Learned A.P.P. submits, investigation is in progress. 3. Taking survey of above facts, the minimal role allegedly played by the accused/applicants do not deserve them to be kept in custody even if chargesheet is yet to be filed, and the witnesses, cannot be said to be win over and so also considering the plight the accused applicants have faced and poor strata to which they are representing. Hence order: ORDER (a) The accused/applicants ( No.1 Kashinath s/o Tukaram Shendge, No.2 Ravi s/o Kashinath Shendge, No.3 Gouri @ Mangal w/o Anil Sabale and No.4 Anil s/o Totaram Sabale) be released on furnishing P.R. bond and surety in the sum of Rs.5,000/- each. The accused/applicant no.1 Kashinath and No.2 Ravi shall attend the investigator on every Sunday 3 CR.APL NO.722/2011 between 3 to 6 p.m. till filing of chargesheet. The applicants/accused shall not influence the witnesses. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/722-11crapl