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. 4447 OF 2008 CRIMINAL APPLICATION NO. 4447 OF 2008 CRIMINAL APPLICATION NO. 4447 OF 2008 Shri Nilesh Ramdas Chiplunkar & Ors. ...Applicants (Orig.Accused Nos.1,2,3) vs. The State of Maharashtra ...Respondent Ms.Priyadarshani Birje for the Applicants. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants have been arrested in connection with an offence punishable under Sections 498A, 302, 304B read with 34 of the IPC. 3. Prosecution case is that Nisha was the wife of applicant no.1 and daughter-in-law of applicant nos.2 and 3. The deceased allegedly had come to her matrimonial house for cohabitation with applicant no.1 and on the very next day, it is alleged that kerosene was poured on her body and she was set ablaze. It is - 2 - also alleged that the applicants had used sickle and had given injuries with the said sickle before setting her on fire. It is alleged that the deceased was kept in a bathroom and though the nearest hospital was 100 kms. away from their place, she was not taken to the hospital. The deceased managed to escape from the clutches of the accused and she was hit by a speeding car on the road and thereafter, she was taken to the hospital. The post mortem notes indicate that they were 99% burn injuries. There were also incised injuries on various parts of her body. One of the witnesses stated that she had seen the deceased in the bathroom of the house. The sickle with which the alleged injuries were caused has been found by the Investigating Officer and is sent to the Chemical Analyser. Taking into consideration the gruesome manner in which the deceased was murdered, no case is made out for grant of bail. 4. Counsel for the applicant submitted that applicant no.1 himself was partially burned when he was trying to save the deceased. It is submitted that the injuries which were found on her person could have been - 3 - caused because of the accident when she had attempted to go on the road. It was submitted that the deceased probably tried to commit the suicide. It was further submitted that there is a small child born out of the said marriage who is suffering from "Down Syndrome" and also suffering from cerebral palsy. It was submitted that it was necessary to take care of the child, therefore, the applicants should be released on bail. 5. Taking into consideration the gruesome manner in which the deceased was murdered, merely because some burn injuries are noticed on the hand of applicant no.1 does not absolve the present applicants. The applicants should have taken the deceased to the nearest hospital, however, she was confined in the room which is evident from the statement of the witness. Accused No.5 has already been released on bail and she is taking care of the said child. 6. Under these circumstances, the application for bail is rejected. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)