1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1314 OF 2010 Singh Ravishankar Brijraj . ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.P.R.Arjunwadkar for the Applicant. Mrs.A.A.Mane, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 30th March, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicant is shown as an accused in C.R.No.9/2010 registered by Srinagar Police Station for alleged offence under Section 302 read with 34 of the I.P.C. Deceased is one Indrakali Umesh Gawade. Her dying declaration is recorded by the police on 5.1.2010 i.e. on the same day when the incident occured. In the dying declaration, it was her case that when she was sleeping in her house, her neighbour Ramsamzu 2 Chouhan and his wife Savita Chouhan knocked her door. When she opened the door Ramsamzu Chouhan entered her house and poured kerosene from a plastic can and set her fire. His wife Savita is said to have instigated him in the said incident. 3 There is no reference to the present applicant in the said dying declaration. The Police have relied upon a second dying declaration which is said to have been given on 6.1.2010 to the effect that the present applicant was standing there and instigating them. In both these statements motive attributed by her is to Ramsamzu Chouhan and Savita Chouhan. She claims in both the dying declarations that her son Rajesh immediately came to the spot. Rajesh does not state about the presence of the present applicant. On perusal of the investigation papers, I find that the statements of several neighbours have been recorded. None of the neighbour talk about the presence of the present applicant. Statement of 3 Chouhans are also recorded and they also do not state anything about the present applicant. There is also no question of tampering with the evidence of the maker of the dying declarations and since there is no material to involve the present applicant, in my view, investigation can be completed without the custodial interrogation of the present applicant. It must be stated here that the complainant had filed some cases against the present applicant and there are other cases filed against the present applicant. However, in the absence of any material in the present case, even assuming that there was some enmity, since there is specific motive attributed by the deceased to the Chouhan family, in my view, mere enmity may not be material. In the circumstances, I am inclined to grant pre-arrest bail to the applicant. It is therefore, directed that in the event of his arrest in C.R.No.9/2010 registered by Srinagar Police Station, the applicant may be released on bail in the sum of Rs.25,000/- with one surety in 4 the like amount subject to the condition that he will report to the Investigating Officer once in a week on every Monday between 11.00a.m. to 3.00p.m. till the filing of the charge-sheet and thereafter once in fortnight on every first and third Monday till the disposal of the case. Anticipatory Bail is also granted on the condition that he will remain present on all the dates of the case in the trial court unless exempted. Application is disposed off. ( R.S. MOHITE, J.)