BA-412-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.412 OF 2011 Shirudrappa Revaya Hiremath ... Applicant V/s. State of Maharashtra, Thru' Bhosari Police Station, Pune ... Respondent Mr. Sachin Thombare for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 18 TH JULY, 2011. P.C. : 1. Heard. 2. Pursuant to the order passed on 6th July, 2011, the Investigating Officer has produced the Video C.D. and the transcript of the conversation contained therein before this Court. A copy of the same has been given to the learned Advocate for the Applicant also. 3. Though the Video C.D. is not watched, I have gone through the transcript of the conversation contained therein. 4. On 28th September, 2010, Ashwini - daughter-in-law of the Applicant - caught fire at about 8:50 a.m. in the morning in her house, where she used to stay with her husband, the Applicant and Applicant's wife. She was taken to the hospital, but succumbed to the injuries on 7th October, 2010. On 28th September, 2010 itself, Ashwini's statement was recorded by the Police, in which she stated that her mother-in-law, i.e. the co-accused, and the Applicant had suddenly come from behind, while she was cooking, and then the mother-in-law had poured BA-412-11.sxw 2 Dixit kerosene over her person and had set her on fire. The statement recorded electronically, i.e. in the C.D., is also to the same effect. Thus, undoubtedly, the said Ashwini is implicating her mother-in-law and the present Applicant also. 5. It is contended by Mr. Sachin Thombare, the learned Advocate for the Applicant, that the version in the dying declaration is not believable. According to him, it would not be possible for the Applicant and the mother-in-law of the deceased to set the deceased on fire in this manner. It is also pointed out that, though the statements of the neighbours have been recorded, no statement shows that the Applicant and the mother-in-law were seen running away from the place of offence after the incident. 6. The Applicant is in custody since 28th September, 2010. The case is based only on the dying declaration. The role attributed to the Applicant is only that he was present when the mother-in-law, allegedly, poured kerosene over the person of Ashwini and set her on fire. 7. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 8. The Bail Application is allowed. 9. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties in the sum of Rs.25,000/- each. [A.M. THIPSAY, J.]