{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4226 OF 2009 1. Balu @ Balasaheb s/o Shriram Pawar Age-25 years, Occ-Agriculture 2. Kantabai w/o Ram Pawar Age-30 years, Occ Service Both R/o Pangri Gosavi Taluke-Mantha, Dist-Jalna APPLICANTS VERSUS The State of Maharashtra Through Police Station, Partur, Dist-Jalna RESPONDENT ....... Mr.S.J.Salunke, Advocate for applicants Mrs.Y.M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th December 2009 PER COURT: 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.67/2009 registered with Partur police station for an offence punishable u/s 302, 307 and 498-A r/w 34 of the Indian Penal {2} Code. 2. The application is moved as the investigation in the case is over and the charge sheet is filed before the JMFC, Partur on 29th September 2009. 3. Heard learned counsel for the applicants, followed by the submissions of the learned APP. 4. It appears that the compliant came to be lodged on the statement of victim Sindhubai herself recorded in the hospital. It is alleged that her husband, applicant No.1 has illicit relations with applicant No.2 and on that count there used to be quarrels between the them. It is further alleged that on 10.07.2009, quarrel took place between the victim, her husband and applicant No.2 and during the said quarrel, it is alleged, the applicants poured kerosene on her person and applicant No.1 set her on fire. It further appears that again, on 11.07.2009, second dying declaration of the victim came to be recorded wherein she had exempted her father in law, but involved the remaining accused. It appears that on 19.07.2009, Sindhubai succumbed to the burn injuries. 5. It is contended that applicant No.1 came to be arrested on 15.07.2009 and applicant No.2 on 21.07.2009. It is not disputed that the death of the victim has caused due to 64% burn injuries {3} due to septicemia. It is urged that considering the variance in the two dying declarations, of which first is treated as FIR while second is treated as supplementary statement, benefit be given to the applicants and they be released on bail. It is also urged that the applicants are in custody for a considerable long period and now the investigation is also over and charge sheet is filed and hence there are no chances of tampering of prosecution witnesses. 6. The application is opposed by the learned APP, as according to her though there is some inconsistency in the dying declarations, yet there is direct nexus between the death of the victim and role played by the applicants. 7. Considering the rival submissions and perusing the PM notes, it is clear that the death of the victim is a homicidal death, though it is alleged that the same is suicidal. No doubt, there is inconsistency in the statements of the victim, yet the role played by the applicant No.1 is not changed in the two statements and hence the applicant No.1 cannot claim benefit of the same. In the premise, the role played by each of the applicants will have to be scrutinized separately. It is alleged that applicant No.2 has poured kerosene, however as against this applicant No.1, it is alleged, has set her on fire. It is to be noted that the applicant No.2 is a lady and she is in jail for more than 6 months. Considering these aspects, the acts attributed to applicant No.2 are not serious, as compared to applicant No.1. Case is made out to release {4} applicant No.2 on bail, however no case is made out to release applicant No.1 on bail, as there is direct nexus between the cause of death and the role attributed to him. 8. In the result, the application is partly allowed. The application of applicant No.1 is rejected. So far as applicant No.2 is concerned, she be released on bail on her furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant No.2 not to contact prosecution witnesses, after her release on bail. Application stands disposed of accordingly [A.V.POTDAR, J.] drp/criapln4226-09