(1) CRI.APP. 3491.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3491 OF 2010 Chimaji S/o Balasaheb Popalghat Age : 70 years, Occu.: Nil, R/o Kanhur Pathar, Tq. Parner, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent ... Mr. R.K. Temkar, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 7TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is father-in-law of deceased Aruna. 3. Heard learned Advocate for the applicant and learned APP. 4. Perused the investigation papers which were made available during course of the hearing. (2) CRI.APP. 3491.2010 5. The FIR purports to show that deceased Aruna had given birth to a male child by name Sai. It is specifically stated in the FIR that after the marriage Aruna was not being ill-treated by her husband or anyone else. Since about 4-5 months prior to the incident she was being beaten up by the husband. It is alleged that her husband was demanding Rs.1 Lakh and was troubling her due to non- fulfillment of the demand. So far as the applicant is concerned the allegations in the FIR are rather omnibus and of general character. 6. Perusal of the statement of Abbas Inamdar prima facie shows that the house was locked and smoke was emanating from part of the house. It appears that mother-in-law of Aruna was called and she had entered the house for rescuing the minor son of deceased Aruna. The husband of deceased Aruna was not present at that time. It appears that the FIR came to be lodged by father of deceased Aruna on basis of his guess-work that due to ill-treatment and (3) CRI.APP. 3491.2010 matrimonial cruelty she was ablazed by her husband and his relatives. There is no prima facie material to infer that the applicant is guilty of offence punishable with death or imprisonment for life. Consequently he deserves liberty. 7. In the result, Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety bond to the satisfaction of the Court of Sessions. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp