Cri. Apln. No. 2679/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2679 OF 2011 1. Kherabai w/o. Bhoju Rathod, 2. Bhoju s/o. Lachiram Rathod, Both R/o. Markhel, Tq. Degloor, Dist. Nanded. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. V.G. Sakolkar, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 13th July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 7/2011 registered in Markhel Police Station, Dist. Nanded for offences punishable under sections 302, 34 etc. of IPC. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of dying declaration given by Mahadevi Rathod. She has made allegations that the present applicant No. 1 was insisting that the deceased and her husband should leave their house and they should live separately. On 1.2.2011 also when the Cri. Apln. No. 2679/11 2 husband of deceased was not at home, applicant No. 1 picked up quarrel and she poured kerosene on the person of deceased and set her on fire. At the relevant time, there was a breast feeding child on the lap of deceased. She has made allegations that her mother in law/applicant No. 1 and father in law were also harassing her due to aforesaid reason. 3. The papers of investigation show that two dying declarations were recorded. The advocate for the applicants submitted that he is not pressing the application in respect of Kherabai/applicant No. 1. So the application of Kherabai/applicant No. 1 stands disposed of as not pressed. 4. The advocate submitted that FIR was given late i.e. on 5.2.2011 and no specific role is attributed to applicant No. 2 in respect of main incident. The papers of investigation do not show that there are such allegations against the applicant No. 2. So this Court holds that bail can be granted to the applicant No. 2 Bhoju Lachiram Rathod and his application for bail is allowed. On furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand), he is to be released on bail in Cr. No. 7/2011 registered in Markhel Police Station, Dist. Nanded for offences punishable under sections 302, 34 etc. of IPC. He is not to tamper with the prosecution witnesses. Cri. Apln. No. 2679/11 3 5. On the request made by the advocate for application, a direction is given. The Sessions Court is to take every step to see that the case is expeditiously disposed of after its committal. Copy of the order is to be given to the Court of concerned Magistrate as he needs to take steps for committal of the case as the direction is given to expeditiously disposal of the case. Case is to be disposed of within six months from the date of receipt of this order. [ T. V. NALAWADE, J.] ssc/criapln2679.11