IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 774/2009 ( Dattatray madhavrao Chandankar & others vs. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 22 nd APRIL, 2009 Heard Shri Patil, Advocate, for the applicant and Shri Thakare, APP, for respondent. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicants are apprehending arrest for the offences punishable under Sections 498-A, 304-B r/w Section 34 of the IPC and Section 4 of the Dowry Prohibition Act, in Crime No. 11/2009 of Police Station Sindewahi. The applicant Nos. 1 & 2 are the parents-in-laws of the deceased, applicant no.3 is brother-in-law and applicant no.4 is the husband. It is stated that the other accused have been released on bail. Learned APP had opposed this application saying that there is evidence of dying declaration of the deceased. The time was granted to produce the transcription of C.D. (dying declaration.). Now, the learned APP has produced the same. I have specifically asked the learned APP as to what part of the said D.D. is supporting the prosecution as there appears nothing in the said dying declaration to implicate the applicants or any of them specifically. Nothing could be pointed out. The death of the deceased had occurred on 23.1.2009. The incident had occurred on 13.1.2009. The report is lodged on 28.1.2009 by the brother of the deceased. The delay is also not explained. The complainant had sought permission to assist the prosecution. Though such permission was not warranted, the learned counsel for the complainant was heard. He is also unable to point out anything from the said dying declaration recorded by the brother of the deceased, which is incriminating the present applicants. In the circumstances, anticipatory bail cannot be denied to the applicants. In the event of arrest of the applicants for the offences punishable under Sections 498-A, 304-B r/w Section 34 of the I.P.C. and Section 4 of Dowry Prohibition Act, in Crime No. 11/2009, of Police Station Sindewahi, each of them be released on furnishing surety and P.R.Bond of Rs.10,000/- each, subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station Sindewahi as and when directed by the I.O. for the purposes of investigation, of which record shall be maintained by the I.O. Application disposed of. Hamdast granted. JUDGE Rvjalit