1 Criminal Application No.792/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.792 OF 2011 Dagdu @ Daga Pitambar Patil & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for applicants Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 14th March, 2011 PER COURT : 1. Heard. The applicants seek bail in Crime No.132/2010, registered at Chopda Police Station for an offence under Section 302 read with Section 34 of the Indian Penal Code. Alka married to Gopal 4 years prior to incident dated 8.10.2010. She suspected in fidelity of her husband with the lady in the neighbourhood. On account of such characteristics of her husband, the couple and the parents had several altercations. On 8.10.2010, it is canvassed by the victim, owing to the suspicion raised by her and accusations hurled, the applicant Nos.1 and 2 and her husband caught hold her, set her ablaze. Her dying declaration was recorded on 9.10.2010, which forms F.I.R. and immediately after half an hour, another dying 2 Criminal Application No.792/2011 declaration is recorded. In the latter dying declaration, though in a condensed form, she explores the events, however, specifically she omits to refr the applicant No.3 Nana Dagdu @ Gada Patil, the brother-in-law. She has referred her husband and applicant Nos.1 and 2 at least at three places in the above referred second dying declaration recorded at 1.30 p.m. Even if charge sheet is filed on 6.1.2011, the ghastly act committed by accused/ applicant Nos.1 and 2 will not make them to enjoy liberty. However, considering the role attributed to accused No.3 Nana Dagdu @ Daga Patil and particularly the second dying declaration and the investigation being completed, he deserved bail. 2. Application of accused/applicant Nos.1 and 2 rejected. 3. Accused/ applicant No.3 Nana Dagdu @ Daga Patil be released on his furnishing P.R. bond and surety in the sum of Rs. 15,000/- (Rupees fifteen thousand). The accused/applicant No.3 Nana shall attend the Court proceedings scrupulously, shall not coerce the neighbours. K.U. CHANDIWAL JUDGE fmp/cri792.11