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. 221 OF 2009 CRIMINAL APPLICATION NO. 221 OF 2009 CRIMINAL APPLICATION NO. 221 OF 2009 1. Motiram Gangaram Shinde, 2. Tayadabai Motiram Shinde ...Applicants vs. The State of Maharashtra ...Respondent Mr.P.M. Jadhav for the Applicants. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 23, 2009 DATED : JANUARY 23, 2009 DATED : JANUARY 23, 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 Section 302 read with 34 of the IPC. 3. It is alleged that applicants no.1 and 2 who were husband and wife poured kerosene on the second wife of applicant no.1 and set her on fire. There are three dying declarations recorded by the police in which the deceased has stated that applicants are responsible for the said act. Therefore, no case is made out for grant - 2 - of bail to applicant no.1, however, so far as applicant no.2 is concerned, taking into consideration the fact that charge-sheet has already been filed and there are five children which are born out of the first marriage, continued detention of applicant no.2 is not necessary. 4. Hence, the application filed by applicant no.1 is rejected. Applicant no.2 - Tayadabai Motiram Shinde be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount in connection with an offence registered vide C.R.No.2/2004 at Akluj Police Station, Taluka Malshiras, District Solapur, for the offences punishable under Section 302 read with 34 of the IPC. She shall report to the concerned police station as and when called. 5. Application is partly allowed in the aforesaid terms. 6. The hearing of the trial is expedited. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)