1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4038 OF 2008 Hanmant Nagnath Mirgane & Anr. .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.Jaydeep Mane for the applicants. Mr.H.J.Dedhiya A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH NOVEMBER, 2008. DATED : 20TH NOVEMBER, 2008. DATED : 20TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.104 of 2008 of Pangari police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 306, 498(A) r/w 34 of the IPC. 3. There are three dying declarations of the deceased - Vaishali on record. I have perused all the three dying declarations. It appears that on 24.7.2008 the deceased had resumed co-habitation. It is alleged that on 25.7.2008 the applicants and their mother started quarrelling with the deceased and had stated as to why she resumed co-habitation. The deceased, thereafter, in a fit of rage 2 2 2 poured kerosene and set herself on fire. She was immediately removed to the hospital by the applicants and their parents. Keeping that in view and having regard to all the three dying declarations and considering overall facts and circumstances of the case, in my opinion, this is a fit case to release the applicants on bail: . The applicants to be released on bail in the sum of Rs.15,000/- each with one or two sureties in the like amount subject to condition that the applicants shall report to the concerned police station on every alternate Saturday between 10 and 11 am for a period of three months from today. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)