1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3752 OF 2010 1. Vinayak s/o Rama Pawar Age 38 years, Occu.Labour, R/o Ram Nagar, Taluka and District Beed 2. Sau.Barkubai w/o Baban Barde, Age 32 years, Occu.Labour, R/o as above ..Applicants Versus The State of Maharashtra through Police Inspector, Police Station, Beed (Rural), Taluka and Dist.Beed .. Respondent Mr.S.S.Thombre, Advocate for applicants Mr.N.H.Borade, A.P.P. for respondent-State CORAM : P.V. HARDAS, J. DATE : 22nd October, 2010 PER COURT 1. After arguing for some time Mr.Thombre, learned Counsel for the applicants does not press for the bail of applicant No.1 i.e. Vinayak s/o Rama Pawar husband of deceased Sunita. Application of applicant No.1 Vinayak Rama Pawar is accordingly dismissed as not pressed. 2. Applicant No.2, i.e. sister-in-law of deceased Sunila seeks her release on bail in Crime No.69/2010 registered by the Beed (Rural) Police Station for offence punishable under Section 302 read with sec.34 of the Indian Penal Code. 2 3. It appears that the incident of setting Sunita abaze occurred on 21.5.2010. Two dying declarations of Sunita came to be recorded. In the first dying declaration Sunita clearly ascribes overt act to the applicant No.1 i.e. her husband of pouring kerosene on her and setting her ablaze with the aid of a small kerosene lantern. The overt act which is attributed to the present applicant No.2 is that she stood in the door-way so as to prevent Sunita from rushing out of the house. In the second dying declaration, which is recorded by the Executive Magistrate, Sunita ascribes the overt act of setting her ablaze by her husband. It is stated in this dying declaration that Sunita was outside the house and was called inside the house by her husband and at that time the present applicant was standing outside. Thus, in both the dying declarations prima facie I find that there is variance in respect of the overt act attributed to the applicant No.2. Apart from that the applicant No.2 is a lady aged about 32 years. In such circumstances, therefore, I am inclined to allow this application. 4. Criminal Application No.3752 of 2010 is partly allowed. Application stands dismissed insofar as it relates to applicant No.1 Vinayak Rama Pawar. Applicant No.2 – Barkubai w/o Baban Barde is directed to be released on bail on her executing a P.R. bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial Court. Application partly allowed accordingly. ( P.V. HARDAS, J.) (vvr/3752.10criappln) 3