3108appln1315.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1315 OF 2010 (Umesh Devidas Chavhan & 2 others Vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. S. Tambulkar, Advocate for the applicant. A. P. P. for the respondent-State. CORAM : A.P. BHANGALE, J. DATED : 31st August, 2010. The applicants are seeking grant of anticipatory bail in connection with Crime No. 67/2010 reported under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code. Although it appears that the learned Additional Sessions Judge, Darwha has rejected the plea of the applicants for anticipatory bail, there is doubt about prima facie involvement of the present applicants in the crime on the ground that dying declaration recorded by the Executive Magistrate, Yeotmal in the course of investigation indicate that on 13/7/2010 the deceased Sheela had received burn injuries accidentally while cooking, kerosene lamp had fallen on account of sudden jump by the cat. Sou. Archana Rathod, sister-in-law of the deceased was witness to the incident, who had extinguished the fire. Statement of Archana was also recorded on 28/7/2010 which indicate that Sheela was cooking in the kitchen while Archana was sitting in her father’s room, when she heard shouts, she rushed to Sheela and had extinguished the fire before Sheela was taken to Government 3108appln1315.10.odt 2/2 Hospital at Yeotmal for medical treatment. Under these circumstances, the applicants are entitled for grant of anticipatory bail. The applicants, in the event of arrest, be released on bail in connection with Cr. No. 67/2010 registered at Ladkhed Police Station District Yeotmal for offence punishable under sections 498-A, 304-B read with Section 34 of the Indian Penal Code upon executing P. R. bond in the sum of Rs. 25,000/- each, with one or more sureties in the equal amount to be provided by each of them; provided further that they shall cooperate with the investigation and shall not tamper with the prosecution evidence in any manner. The applicants shall inform their fixed address with telephone/ mobile number, if any, to the Investigating Officer and shall not misuse their liberty in any manner. Application is disposed of. JUDGE wwl