1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2070 OF 2010 1. Shivu W/o.Shankar Misal, Age-Major, Occu-Household, R/o.Chinchpur (Ezade), Tq.Pathardi, Dist. Ahmednagar 2. Devu W/o.Popat Kanthale, Age-Major, Occu-Household, R/o.Tinkhadi, Tq.Pathardi, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicants. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 21/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.25/10 registered in Shirur (Kasar) Police Station for the alleged offence punishable u/s. 302, 143, 147, 323 of IPC. 2. As on the earlier occasion, inspite of communication, P.I.Shirur Kasar Police Station, Beed, has not forwarded the papers of 2 investigation, on 15/06/2010, show cause notice was issued to him, and he is also directed to remain personally present in the Court. It appears that the affidavit in reply is filed by the concerned Investigation Officer and tendered unconditional apology therein. For the reasons stated in the para no.3 of the reply, explanation offered by the Investigation Officer and apology tendered by him is accepted. 3. Heard learned counsel for applicant and learned APP for State. Also perused the papers of investigation till carried out. 4. It appears that the said offence came to be registered on the basis of dying declaration of victim Shankar Misal about the alleged incident dated 30/03/2010, which took place in the early hours on that day. In the said dying declaration, it is stated that the first applicant, wife of the victim had gone to the residence of her sister, i.e. sister in law of the victim. As for considerable period, she stayed there and refused to come, the victim alongwith his son by name Bapu Shankar had been to the place of residence of applicant no.2 to bring applicant no.1 home. Applicant no.1 refused to accompany the complainant and on that count, quarrel took place in between victim and husband of 2nd applicant. During that quarrel, these applicants caught hold the victim, while the husband of applicant no.2 poured kerosene on the clothes of the victim. At that time, daughter in law of applicant no.2 bring the match box and handed over it to her father in law, who set the victim on fire. On seeing this, son of the victim ran away from the spot. It appears that after the incident 3 occurred, these applicants, husband of applicant no.2 has admitted the victim in the hospital, where he succumbed to death on 01/04/2010. It appears that the history was given by the victim himself as to how he sustained the burn injuries in Sub District Hospital, Pathardi, Dist. Ahmednagar. It shows that the victim was conscious at the time of admission in the hospital. It appears that during the investigation, statement of son of the victim was recorded, which do not support the facts disclosed by the victim in his dying declaration. As the victim succumbed to death due to burn injuries, offence earlier registered u/s. 307 of IPC was converted u/s. 302 of IPC. 5. It is brought to the notice of this court that during the investigation, the sole eye witness i.e. son of the victim, who is major, aged about 21 years, had moved one application to the P.I. Shirur Kasar Police Station, Beed, wherein he had stated that his father has committed suicide. Whether this fact is correct or the facts mentioned in the dying declaration are correct is the matter of trial. But the fact revealed that after the applicants were arrested and the offence was registered, son of the victim himself has moved a contradictory application before the Investigation Officer, P.I. Shirur Kasar Police Station. In the premise, as these applicants were arrested on 02/04/2010, and since then in custody, and so far as investigation relates to these applicants is concerned, is now over, a case is made out to enlarge the applicants on bail. Hence order : 4 O R D E R 1. Application is allowed. 2. Applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2070-10