1 CrI.A.4875.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4875 OF 2011 Dattatrya S/o Ratan Limkar Andurd, Tq. Bhoom District Osmanabad. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.V.D.Sapkal, Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 21.12. 2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicant is arrested in connection with crime No. 50 of 2011, registered with Washi Police Station, District Osmanabad under sections 302, 342, 323, 504 read with section 34 of the Indian Penal Code. FIR is filed by victim Mrs. Ashabai Dattatrya Limkar, on 23.07.2011, soon after the incident and she has attributed the role to the present applicant, her husband. In cystal clear manner, she has stated that applicant poured kerosene on her and put her on fire. After putting her on fire the applicant 2 CrI.A.4875.11 and his mother left the house and locked it from outside and saw that applicant suffers injuries on account of said fire. In the course of investigation dying declaration of the applicant was recorded and in the said dying declaration she implicated present applicant and her mother-in- law, in the same way what was stated in the FIR dated 22.04.2011. Post mortem on the body of Ashwini was conducted and doctors have indicated that she died due to 85 % burn injuries. Hence, the story put up by Ashwini tallies with medical papers. 3. Sidheshwar, who happens to be neighbour of present applicant and on hearing shout he went to the house of present applicant, where Ashwini was lying and he stated the present applicant as to how she was put to fire. This is also circumstance against the present applicant. Apart from this Sidheshwar, there is one more witness Bhausaheb, who speaks in line what is stated by Sidheshwar. There is enough material to link the death of deceased Ashwini with the incident of April 2011. 4. Learned Advocate Mr. Sapkal, submitted that applicant is in custody since April 2011 and there is case for bail and applicant can be released on bail by putting some terms. This application was opposed by learned APP Shri Sonwane by contending that there is material against the present 3 CrI.A.4875.11 applicant directly to link with death of Ashwini and he prays for rejection of the application. 4. Considering aforesaid record, prima facie case is made out for the offence punishable under section 302 of the Indian Penal Code, as against the present applicant. Allegations against the present applicant are serious. He is directly responsible for death of Ashwini. Neighbours Sidheshwar and Bhausaheb have rendered their statements against him. It would be difficult to consider the case of the present applicant for grant of bail. Bail application is therefore rejected. Sd/- [ R.Y.GANOO, J. ] MTK 4 CrI.A.4875.11