1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 455/2011 Yadeo Kaman Pawar ..Vs.. State of Maharashtra through P.S.O. P.S. Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. S. Kurekar, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the non-applicant CORAM : U.V. BAKRE, J. DATED : 19.9.2011. 1. Heard Mr. R. S. Kurekar, learned Advocate for the Applicant and Mr. S. S. Doifode, learned A.P.P. for the non-applicant. 2. This is an application for bail filed by the father-in-law of the deceased who has been arrested on 27/03/2011 in Washim Police Station, Crime No. 116/2011, registered for offence punishable under Sections 302, 307, 498-A, 294 read with Section 34 of the Indian Penal Code. 3. The respondent has filed reply resisting the application. 4. The deceased Thularabai was married to Shalik who is the son of the present applicant in the year 2010. The allegation is that soon after the marriage, the husband and the parents-in-law started ill-treating and assaulting her and on 26/03/2011, after assaulting the deceased, all the alleged accused persons caught the deceased and poured kerosene on her and set her ablaze as a result of which she sustained 83% of burn injuries and died on 31/03/2011. 2 5. There are two written dying declarations of the deceased on record, one recorded by the Executive Magistrate on 27/03/2011 and the other one recorded by the Police Sub-Inspector on the same day. Besides above, the deceased had also made oral dying declaration to some witnesses in whom she had confidence. 6. It is seen that there is prima facie evidence against the accused persons. The husband of the deceased and the mother of the husband of the deceased who are respectively son and wife of the applicant are in custody and the applicant claims that his case should be treated with sympathy on the ground that he is 70 years old. I do not agree with the above contention raised by the learned Advocate for the applicant. 7. Since there is prima facie case against the applicant and since the offence is of serious nature, the applicant, in my view is not entitled for bail at this stage. Hence, application is rejected. Application stands disposed of accordingly. JUDGE Punde.