IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 616/2008 Bhimrao Hiraman Jadhav and 2 others vs. The State of Mah. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 13 th MARCH, 2008. Heard Shri R.N.Khare, Advocate, for the applicants and Shri Kothari, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants are respectively maternal and parents of the husband of the deceased. The main evidence against the applicants is appearing through the dying declaration of the deceased, which was recorded by the Executive Magistrate on 4.9.2007 i.e. immediately after the incident. The said dying declaration do exfacie implicate the present applicants along with the husband and sister-in-law regarding pouring of kerosene and setting her on fire. Learned counsel for the applicant has submitted that the implication of the present applicants is not apparent from the dying declaration, inasmuch the names are recorded in reference to the question “____________ ___________” No doubt, the names of mother- in-law, father-in-law, uncle of the husband and her husband besides sister-in-law appears to have been recorded against that question. But considering the total contents of the dying declaration, it is not possible to say that the present applicants were referred only to show presence at the time of incident and this dying declaration does not implicate them as regards commission of the said offence. In these circumstances of the case, and more so because it is stated that the trial of the applicants has been fixed for framing of charge, the applicants would not be entitled for bail. However, they will be at liberty to move the Court for bail if the trial does not commence within a period of three months from today. Inform trial court to expedite the matter. Application stands disposed of. JUDGE Rvj.