1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 762 OF 2010 in CRIMINAL APPEAL NO. 452 OF 2010 Tanaji Bhimrao Chavan & Ors. ...Applicants vs. The State of Maharashtra ...Respondent Mr.Rahul Kate for the Applicants. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : JUNE 24, 2010 P.C. :- 1 Heard Counsel for the applicants. 2 The applicants have been convicted for the offence punishable under Sections 498-A and 306 read with 34 of the IPC and sentenced to suffer RI for three years for each offence and to pay a fine of Rs.500/- each and in default, to suffer further SI 2 for three months for each count. 3 Prosecution case is that on account of harassment by the applicants, the deceased committed suicide by pouring kerosene on herself and setting herself on fire. 4 Counsel for the applicants submitted that the said incident took place within 9 months of the marriage. It is submitted that applicant no.1 -- husband of the deceased was not residing there for a period of 5 months immediately after the marriage and used to come and meet the deceased once or twice in a month. It is further submitted that two dying declarations were recorded, one by the Doctor who had treated her and the other by Investigating Officer and in both these dying declarations, the deceased had stated that she had received burns on account of an accident after the stove on which she was preparing food accidentally burst and in that fire, she received burn injuries. 3 5 The learned APP appearing on behalf of the State, on the other hand, submitted that the mother and sisters of the deceased have made allegations against the applicants. She submitted that the trial court disbelieved the dying declarations recorded by the police. 5 After having heard both the Counsel at length, in my view, the applicants deserve to be released on bail. The Investigating Officer did not record the statement of Dr.Tasgaonkar who had recorded the first dying declaration and therefore, he was examined as a defence witness and second dying declaration was brought on record by the Investigating Officer. Secondly, it is an admitted position from the evidence which is brought on record that the husband of the deceased was not residing in the house almost five months immediately after the marriage. Taking into consideration these discrepancies, in my view, the applicants deserve to 4 be released on bail. 6 The applicants, therefore, be released on bail on execution of PR Bond in the sum of Rs.5000/- each with one or two sureties each in the like amount. They shall report to the concerned police station once in a month. 7 Application is disposed of. (V.M. KANADE, J.)