appln-2813-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2813/2010 Sitaram Nana Saravade & anr .. Applicants. vs. The State of Maharashtra .. Respondent. Mr V.V. Purwant, for the Applicants. Mr S. N. Gavade, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 7TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by both the applicants for their release on bail during the pendency of the trial. The applicants are facing charge for the offence punishable under Sections 302, 498-A, 506 of I.P.C. 2. This is rather a peculiar case in which the son of both the applicants had also lodged a complaint against his own parents as they had indulged in the heinous offence of pouring kerosene and setting his wife on fire. It is also a peculiar case in which on the relevant afternoon the victim went to the house of her appln-2813-10 in-laws i.e.present applicants. The present applicants and the victim with her husband were staying in separate rooms, however, in immediate proximity to each other. After calling the victim to the house, the applicants poured kerosene on her person and set her on fire. Active roles were played by both the in-laws - present applicants. Apparently, the incident of use of kerosene and the victim catching fire did occur in the house of the applicants which is away from the house of the victim. The contents of the panchnama fortify this factual position. Immediately, on admission of the victim in the hospital, during investigation, a dying declaration was given by her specifically mentioning the names of the present applicants as to calling her in their house on the relevant afternoon pouring kerosene on her person and setting her on fire. She had further stated that she came out of the house running and asking for help as she had sustained severe burn injuries due to burning of the saree and other clothes. Initially, nobody came forward to her rescue. However, subsequently she was removed to the hospital for treatment by arranging some vehicle. Apparently, there are statements of various witnesses and they corroborated the factual aspect of the victim getting burn injuries in the house of the applicants. 3. During the arguments learned Advocate for the applicants submitted that there was rather enmity between the applicants and their own son who was harassing his father for money from the pensionary benefits of applicant No.1. On that count the conduct of the son was of such a nature that false implication of the applicants cannot be ruled out, further argued. Still considering this argument, prima facie, there is sufficient material for implication of the present applicants and still considering their ages so also their relation with the deceased, prima facie appln-2813-10 effect of the dying declaration of the victim is so over-whelming which prompts this Court not to allow the present application. At the most, suitable directions can be given to the concerned Trial Court to expeditiously deal with the matter and dispose of the same without any delay. Hence, present application is disposed of with the following order. ORDER: (a) Application is rejected. (b) The concerned Additional Sessions Judge, who is seized of the matter, shall deal with the case, as expeditiously as possible, and after framing of the charge dispose of the case on merits preferably within nine months from the date of receipt of writ of this order. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)