FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 4273 OF 2011 ,With APPLN/4135/2011 SHAIKH HAMID SHAIKH HABIB AND ORS VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Petitioner(s) : Mr. Warma B.R. in both applns. APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 10, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. These are the two applications preferred by the respective applicants therein, apprehending their arrest under Crime No.132/2011, registered at Azad Nagar Police Station, Dhule for the offences punishable under sections 306, 498-A, 323, 504, 506 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act. 3. At the outset, interim anticipatory bail was granted to the applicants in Criminal application No.4135/2011 on 26.9.2011 and same is effective till today, as well as interim anticipatory bail was granted to the applicants in Criminal application No.4273/2011 on 4.10.2011 and same is also FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders effective till today. 4. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Shaikh Sultan Shaikh Vazir i.e. father of the victim Rubinabee on 14.9.2011. The deceased Rubinabee married with Shaikh Hamid Shaikh Habib, about six years back and alleged incident occurred on 9.6.2011. The applicant No.1 in Criminal application No.4273/2011 is the husband of Rubinabee, whereas applicant No.2 is her father-in-law and applicant No.3 is her brother-in-law. The applicant Nos. 1 and 2 in Criminal application No.4135/2011 are the cousin in- laws of said Rubinabee and applicant No.3 is cousin brother in law of victim Rubinabee and applicant No.4 is wife of applicant No.3 therein. It is alleged in the complaint by the complainant that deceased Rubina was subjected to mental and physical cruelty by the applicants in both the applications due to non-fulfillment of unlawful demand of Rs.1.5 lacs for the business of sale and purchase of she goats. It is also alleged that due to intervention of some of the respectable persons in the community, efforts were made for the settlement but the efforts were in vain. Ultimately, on 9.6.2011 Rubinabee was fed up with the mental and physical torture at the hands of the applicants and therefore, she poured kerosene on her person and set her ablazed as per FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders alleged oral dying declaration made by her in the hospital before the complainant. Ultimately said victim succumbed to the injuries on 22.6.2011 at Mumbai since, she was shifted to Mumbai for further treatment. 5. On the aforesaid background, investigation papers revealed that in all three dying declarations of the said victim Rubinabee were recorded and first dying declaration was recorded at about 7.15 a.m. on 9.6.2011 by police personnel at Dhule, where as second dying declaration was recorded at about 7.40 a.m. by Executive Magistrate at Dhule on 9.6.2011 whereas third dying declaration was recorded by police personnel at about 8.00 am on 12.6.2011 at Mumbai. Pertinently, aforesaid all the said three dying declarations reflect that, on the relevant day i.e. on 9.6.2011 in the morning, since her son was crying and she was making milk hot on the stove, but the said stove blasted suddenly and thereby her Odhani was set on fire and consequently, she herself ablazed and her husband and father in law extinguished the fire by pouring water on her person and accordingly, said three dying declarations are in consonance with each other with the aforesaid contents and accordingly, it is apparently clear that no finger of guilt can be raised against the applicants therein. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 6. Moreover, it is also significant to note that although, alleged incident occurred on 9.6.2011 and although victim Rubinabee expired on 22.6.2011, the complaint apparently came to be lodged almost after delay of three months i.e. on 14.9.2011 and apparently, there is no explanation in respect of the said delay in the contents of the complaint. 7. In the circumstances, considering the accusations made against the applicants, nature and gravity thereof, apparently, there is no necessity of custodial interrogation of the applicants herein for further investigation, and therefore. interim protection granted in their favour deserve to be made absolute. 8. In the result, both the applications are allowed and interim anticipatory bail granted to the applicants in both the applications on 26.9.2011 and 4.10.2011 respectively stand confirmed on the following conditions :- i) The applicants in both the applications shall give attendance before the concerned Investigator once in a week on every TUESDAY between 03.00 p.m. to 05.00 p.m. till filing of the Charge sheet and shall co-operate in the investigation. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders ii] The applicants in both the applications shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. The aforesaid both the applications stand disposed of finally. 10. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***