1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1510 OF 2010 Ashok Namdeo Hapse ..Applicant V/s The State of Maharashtra and another ..Respondents ..... Mrs.S.S. Jadhav, Advocate for applicant Mr.K.S. Patil, APP for respondents. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 22nd April, 2010. PER COURT : 1. Heard Mrs.S.S. Jadhav, learned counsel for applicant and Mr.K.S. Patil, learned A.P.P. for respondents. 2. This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under C.R. No.I-92/2010 registered with Rahuri police station, Dist.Ahmednagar for the offences punishable under Sections 302, 307, 498-A r/w 34 of Indian Penal Code. 2 3. It appears that offence has been registered on the basis of third dying declaration of the victim namely Archana recorded by Police Personnels on 25th March, 2010. Admittedly, the victim Archana married with Pravin Zuge on 3rd May, 2009 and applicant herein is her maternal father-in-law. Initially, offence was registered under Section 498-A, 307 and 34 of Indian Penal Code on 23rd March, 2010. However, victim Archana expired on 27th March, 2010, and therefore offence under Section 302 of Indian Penal Code was incorporated therein later on. 4. After hearing the submissions advanced by learned counsel for the respective parties and on perusal of investigation papers, learned A.P.P. submitted that in all three dying declarations of victim Archana were recorded such as first dying declaration recorded on 22nd March, 2010 at about 14.45 hours by Police Personnels which discloses the death victim by bursting of stove but the said stove was not found at the time of spot panchanama. Second dying declaration was recorded on 22nd March, 2010 at about 10.50 p.m. 3 by Special Executive Magistrate and more particularly the finger was raised against the brother-in-law namely Deepak as perpetrator of the crime. The third dying declaration is recorded at about 1.30 p.m. by Police Personnels, which was treated as F.I.R. On perusal of the third dying declaration i.e. contents of the complaint it appears that the name of applicant was disclosed therein stating that applicant i.e. maternal father in law of the victim, was present in the house, at the time of incident. It is also stated that although he was present there, he was outside the house at that time. Apparently, no specific role or overt act has been attributed to applicant during the course of incident. 5. Considering aforesaid three dying declarations and versions of the victim recorded therein, and also more particularly, considering the third dying declaration which was treated as F.I.R., I am of the view that applicant has made out the case for grant of anticipatory bail and his custodial interrogation apparently is not necessary for further progress in the investigation. 4 6. In the result, the present application allowed and it is directed that in the event of arrest of under C.R. No.I-92/2010 registered with Rahuri Police station, Dist.Ahmednagar for the offences punishable under Sections 302, 307, 498-A r/w 34 of Indian Penal Code, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following conditions : (a) Applicant shall attend the concerned Police Station as and when required on given written intimation and shall co-operate with the investigation. (b) Applicant shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. 8. These observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. Needless to say that this order shall be in 5 force till filing of the charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1510.10