1 Cr.Appln.3358.2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3358 OF 2010 1. Sanjay S/o Laxman Jadhav R/o Karajgaon, Tq. Newasa, Dist. Ahmednagar. 2. Nanda W/o Sanjay Jadhav R/o Karajgaon, Tq. Newasa, Dist. Ahmednagar ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. D.J. Choudhari, advocate for applicants. Mr. N. H. Borade, A.P.P. for respondent-State. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. This is an application for bail under Section 439 of the Criminal Procedure Code. 2. The applicants have been arrested in connection with Crime No.I-104/2010 registered at Sonai Police Station for the offence under Sections 307, 498-A, 504, 302 and 506 of the Indian Penal Code. 3. Having heard the learned Advocate for the applicants and the learned A.P.P. and on going through the relevant investigation 2 Cr.Appln.3358.2010 papers, it prima facie appears that the role attributed to the applicants is that they used to instigate the mother-in-law of the deceased Smt. Meena. The allegations against them are of omnibus nature. It appears from the recitals of the F.I.R. that the marriage between Meena and brother of the applicant no.1 was performed before about 14 years. It does not stand to reason, prima facie that for over a period of 14 years, there was continuous instigation by the applicants to the mother- in-law of deceased Meena to cause ill-treatment and trouble her. The alleged incident occurred after midnight when deceased Meena and her husband were sleeping in a room. It is alleged that the mother-in- law poured kerosene on her person and pushed the burning Chimani (Oil lamp) which immediately caused fire around the bed. Soon, she was engulfed in the flames of fire, and therefore, was injured. 4. So far as the applicants are concerned, they did not participate in the alleged incident which occurred at midnight of the relevant night nor there are any allegations that immediately prior to such incident, they have effectively instigated the mother-in-law to ablaze Smt. Meena. 5. In this view of the matter, they are entitled to seek liberty due to the lack of proper substratum to infer their guilt in connection with the offence punishable for death or imprisonment for life. 3 Cr.Appln.3358.2010 6. In the result, the application is allowed and it is directed that the applicants be released on bail, on furnishing Bail Bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) each with one Solvent Surety each to the satisfaction of the Court of Sessions. (V.R.KINGAONKAR) JUDGE gas/cri3558.10