1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 2021/2010 ( Smt.Saguni Jaipal Londhe and Smt. Lata Darasingh Londhe .vs. State of Maharashtra through PSO, PS Ajni Nagpur ) with CRIMINAL APPLICATION NO. 2031/2010 ( Jaisingh Mansingh Londhe and Smt. Bhikubai Jalsingh Londhe .vs. State of Maharashtra through PSO, PS Ajni Nagpur ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.M. Jaltare, Advocate for Applicants in both applications. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 25, 2011 Heard. The applicants were granted ad-interim protection vide order dated 23.12.2010 in connection with Crime No. 314/2010 then registered for offence under Section 498-A, 307 read with 34 of IPC by Ajni Police Station. The said crime was initially registered for commission of offence under Section 498-A of IPC upon the FIR lodged by one Jacky Mankar brother of victim Shalu. The same was lodged by him on the suspicion that his sister was burnt by father-in-law, mother-in-law, brother-in-law and husband of Shalu by pouring kerosene. He has lodged the same after his sister was 2 admitted in Gaikwad Hospital with burn injuries on 8.12.2010. Amongst other, it is also alleged in the said FIR that his sister was telling him that her sister-in-law namely Sou. Lata, husband of said sister-in-law Dharasingh, her father-in-law Jaisingh and mother-in- law Sou. Bhikki and brother-in-law Jaipal and another sister-in-law Sou. Saguni were harassing her and quarreling with her on petty issues. It is also alleged that her husband used to beat her under the influence of alcohol on the count of her father having not paid money to him. It is also alleged that in spite of his sister being burnt, the same was not reported by the said persons to him. Both sisters-in-law are the applicants in Criminal Application No. 2021/2010 and father-in-law and mother-in-law of the victim are the applicants in Criminal Application No. 2031/2010. After registration of the offence, the offence under Section 307 of IPC was added to it and after the deceased having succumbed to death on 23.12.2010, the offence under Section 302 of IPC was added to it. The learned APP had made the submissions in consonance with the matters stated in the say filed in both these applications. The perusal of the matters in the replies reveal that during the course of investigation the dying declaration of the deceased was recorded on 20.12.2010 by Executive Magistrate. The perusal of the same reveals that prior to recording of the same, Doctor had certified the patient being fit for giving a statement. The same is also recorded in the format of question and answer form. The matters from the same reveal that the injuries caused to the victim were of the accidental 3 nature. Having regard to the same, and the report filed by the prosecution reveals of the applicants having abided the conditions imposed while granting ad-interim protection, there is no worthy reason for not confirming the ad-interim order passed. Needless to say that the learned APP was not able to pin-point any circumstance for varying the earlier order passed. Hence the ad- interim protection granted in both these applications vide order dated 23.12.2010 is hereby confirmed with the same terms and conditions with the addition of following additional conditions. Inform the Investigating Officer of Crime No. 314/2010 of Police Station Ajni that in the event of arrest of any of the applicants in connection with the said crime, he/she shall be forthwith released on anticipatory bail on furnishing a P.R. Bond in a sum of Rs.25,000/- with one surety in like amount and subject to the conditions that applicants: (i) shall attend said Police Station on every Monday until filing of charge sheet and in addition to the same each of the applicant shall also attend the I.O. if called by him for the purposes of investigation; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer and shall attend the dates in the event of the charge sheet being submitted against them; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; 4 (iv) shall not commit any offence while being on bail granted vide this order. The applications stand disposed of. In view of disposal of Criminal Application Nos.2021/2010 and 2031/2010, Criminal Applications (APPP) No. 1225/2010 and 1233/2010 also stand disposed of. JUDGE halwai