IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1381/2009 (Ganesh Balpande ..vs. State of Maharashtra.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 7 th May, 2009 Heard Shri Malode, advocate for the applicant and Shri Thakre APP for state. This is an application under section 439 of Cr.P.C., for grant of bail. Applicant is being prosecuted for the offences under section 498-A, 307, 304-II, of IPC and section 3 & 4 of Dowry Prohibition Act. The incident is alleged to have taken place on 4.11.2008, the dying declaration seems to have been recorded on 5.11.2008,. however, the report is lodged by the father some time on 19.11.2008, i.e. after about 15 days. Learned APP is unable to explain the delay properly. It does appear from the record that the deceased died on 22.12.2008. Learned counsel for the applicant submitted that in the intimation at the Medical College, Police Booth, it is mentioned that “the deceased Vanita had sustained the burn injuries as her saree had caught fire while the flame of kerosene stove had suddenly increased to maximum and she was admitted in Medical College by the applicant in Ward No.4”, indicating thereby that there is possibility of accidental fire. The dying declaration and the statement of the deceased recorded thereafter, no doubt, do implicate the applicant for the alleged offence. But why the report was lodged so late by father of deceased, remains a mystery. It is difficult to comprehend as to why PSO or the IO did not register offence immediately, after the dying declaration or after the statement of deceased. District Superintendent of Police, Nagpur shall make enquiry as to why after recording D.D. and statement of deceased the offence was not immediately registered and take appropriate action. Result of such enquiry and action be informed in the form of report to this court within a period of one month. Registry to place the matter before this court, after the report of the Superintendent of Police is received. Non-registration of offence immediately after 5.11.2008, nor late report by the father of the deceased is satisfactorily explained. In these circumstances of the case, the applicant would be entitled for bail. However, subject to conditions. Applicant be released on bail on furnishing surety and PRB of RS.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall report at P.S. Kelwad on every first Sunday of each month at 11.00 a.m. Until further orders or till the trial is over. Bail in Trial Court. Application stands disposed of. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the learned trial Judge while deciding anything on merits. JUDGE smp