ABA-539-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.539 OF 2011 Jeevan Lahu Sadakale ... Applicant V/s. The State of Maharashtra ... Respondent Mr. Shekhar A. Ingawale for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 30 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the papers of investigation. 3. On 30th March, 2011, Smt. Sonali - the wife of the Applicant - caught fire. She was taken to hospital and was admitted there. She had sustained 97% burned injuries. She succumbed to the burn injuries on 3rd April, 2011. On 7th April, 2011, Smt. Kavita - mother of the Sonali - lodged a report with the Police that Sonali was being treated with cruelty by the Applicant and his relatives, and that she had, therefore, committed suicide. It was alleged that the suicide of Sonali was abetted by the Applicant and the other accused. The Applicant is, thus, sought to be arrested on the allegation of having committed offences punishable under Sections 498A IPC, 306 IPC read with Section 34 of the IPC. ABA-539-11.sxw 2 Dixit 4. Admittedly, Sonali was taken to hospital by the Applicant and his relatives. Admittedly, statement of Sonali was recorded by the Executive Magistrate at about 5:40 a.m. on 30th March, 2011, in which she mentioned that she had caught fire accidentally. It also appears that her statement was recorded, even before that, by the Police, in which also she mentioned that she had caught fire accidentally, and that the Applicant had extinguished the fire. This statement appears to have been recorded at about 4:15 a.m. 5. Mrs. Shinde, the learned APP for the Respondent, contended that the version in the dying declarations of Sonali is not acceptable, and that the dying declarations appear to be a result of tutoring by the Applicant and his relatives. She advanced some arguments to the effect that it was unlikely to sustain burn injuries to the extent of 97%, if, indeed, Sonali had caught fire accidentally, as stated by her in her dying declarations. 6. I have glanced through all the papers and statements recorded during investigation. In the F.I.R. itself it is mentioned that, initially, Sonali gave the history of accidental burns to the First Informant also, but it is claimed that, later on, she told the First Informant that she had poured kerosene over her person and had set herself on fire. Since Sonali died on 3rd April, 2011, such statement said to have been made to the First Informant by Sonali must have been on or before 3rd April, 2011; and in that event, why the First Informant waited for lodging a report till 7th April, 2011 would need some explanation. 7. There are some statements of the residents in the same locality, which suggest that they had never noticed or heard Sonali being ill treated or assaulted. ABA-539-11.sxw 3 Dixit 8. Undoubtedly, the version of the First Informant and the relatives of Sonali is quite different. All that may be observed, at this stage, is that the material collected in the course of investigation is conflicting. 9. In the circumstances and since the investigation cannot be adversely affected even if the Applicant is granted anticipatory bail, I am inclined to grant anticipatory bail to him. 10. The Anticipatory Bail Application is allowed. 11. The interim order passed on 23rd June, 2011, is confirmed. 12. The Anticipatory Bail Application is disposed of in terms of the said order. [A.M. THIPSAY, J.]