1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3621 OF 2009 1. Shriram S/o.Jemla Pawar, Age-70 years, Occu-Agriculturist, 2. Dhandabai W/o.Shriram Pawar, Age-67 years, Occu-Household, Both R/o.Pangri Gosawi, Tq.Mantha, Dist. Jalna APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.S.J.Salunke, learned counsel for the applicants. Smt.Y.M.Kshirsagar, learned APP for State. (CORAM : A.V.POTDAR, J.) DATE : 19/11/2009 PER COURT : 1. By the present application, the applicants have prayed for their release on bail in connection with Crime No.67/2009 registered in Partur Police Station for an offence initially registered u/s. 307 r/w. 34 of IPC and later on converted for an offence punishable u/s. 302 r/w. 34 of IPC. 2. As the notice of the application is already given to the State, papers of investigation as the charge sheet is filed are placed before 2 me for my perusal. ૩. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Considering the submissions across the bar, the alleged incident occurred on 10/07/2009 at the residential premises where the deceased, the daughter in law of the present applicants was residing alongwith the present applicant, their son/husband of the deceased and the alleged concubine of the husband of the deceased. It is alleged that perusal of the FIR indicates that at the time of incident, these aged in laws caught hold the hands of the deceased and then the husband and the said concubine poured kerosene on her person and set her on fire. It appears that during the course of investigation, number of dying declaration of the deceased were recorded as well as her alleged oral declaration were also recorded. Subsequent to the incident, the deceased expired on 19/07/2009. These applicants were arrested on 09/09/2009 and after completion of the investigation, charge sheet was filed on 29/09/2009. It is urged across the bar that considering the veracity of the disclosure in the dying declarations of the deceased recorded from time to time, and considering the age of applicant no.1 as 70 years and applicant no.2 is of 67 years, they be released on bail. 3. The application is opposed by the learned APP appearing for the State on the ground that considering the serious nature of the offence, even though the investigation is completed, no bail to be 3 granted to the applicants. 4. For what reasons, more than 1 dying declaration of the deceased were recorded during the investigation, which fact revealed from the papers of investigation placed in my hand. It appears from those dying declaration that on number of occasions, stands were changed for whatever reasons by the deceased. On some occasions both the applicants were impleaded and on some occasions, she has only impleaded applicant no.2. It goes to show the change in the attitude of the deceased. Why this change was occurred can be seen at the time of trial, but at this stage, due to these variance in the statements as well as the advanced age of these applicants, case made out to enlarge these applicants accused on bail on putting certain conditions. Hence the application require following order : O R D E R 1. The application is hereby allowed. 2. Both the applicants be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicants not to contact or tamper with the prosecution witnesses. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3621-09