IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1020/2008 Dilip Tulsiram Selokar vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 11 th APRIL, 2008. Heard Shri S.G.Karmarkar, Advocate, for the applicant and Shri Parihar, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. Applicant is accused in Crime No. 34/2008 for the offence punishable under Section 498-A, 306 of the IPC. It appears that the report in the present case was lodged by the father of the deceased. The death of the deceased is on 16.2.2008 by setting fire to herself. The father of the deceased appears to have been reached on the spot of incident and noticed the dead body in burnt condition. He does not seem to have lodged report on that very day or even at the police station on the next day. The report came to be lodged on 17.2.2008 at about 5 p.m. The delay is not satisfactorily explained. However, it is necessary to note that while rejecting the bail application of the applicant, the learned trial Judge has observed that “no evidence is collected to know what had happened just before the incident and what was the cause of taking such extreme step. The statements of other inmates of the house of the accused are yet to be recorded.” As such the application was rejected. Learned A.P.P. is unable to point out that even after these observations are made, I.O. has taken any steps to collect further evidence. In these circumstances, the bail cannot be refused, however, with some conditions. Applicant be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station Mouda on first Sunday of each month until further orders and shall attend the trial regularly. Application stands disposed of. It is made clear that the above observations are in prima facie view of the matter and they shall not influence the trial Judge in any way while deciding the matter on merits. JUDGE Rvj.