IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3100 OF 2009 1)Shaukat Ismail Shaikh 2)Shakil Ismail Shaikh 3)Dilwar Ismail Shaikh 4)Kammu Shakil Shaikh 5)Asma Dilawar Shaikh ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ...Respondent. Mr.V.V.Purwant, Adv. for the applicants. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 24th July, 2009. PC: Apprehending arrest in connection with CR No.124/09 registered with Bijapur police station, district Solapur for the offence punishable under sections 498A, 306 read with section 34 of IPC the present application is moved for anticipatory bail by as many as five applicants. 2. The deceased was married to applicant No.1 on 3.12.96 and during marital wedlock the deceased gave birth to three children. On 31.5.09 son of the applicant No.1 and the deceased, informed the complainant who happens to be the father of the deceased that Shabana his mother had sustained burn injuries and was admitted in civil hospital at Solapur. In the complaint it is stated that the present applicants and the mother of the applicant No.1 were ill treating the deceased and were making demand for money. It is stated that the applicants and the mother of applicant No.1 were demanding sum of Rs. 50,000/-. It is also stated in the complaint that the deceased was being beaten and harassed and was not even provided food and thereby she was physically and mentally tortured which resulted in frustration prompting the deceased to commit suicide by pouring kerosene on her person and setting herself on fire. 1 Learned APP has submitted that the dying declaration of the deceased was recorded on 31.5.09 when she was hospitalized. Perusal of dying declaration reveals that the deceased and applicant No.1 had altercation on trivial issues. The deceased had demanded some money from the applicant No.1 and as the applicant No.1 did not pay money demanded by deceased, in a fit of anger she poured kerosene on her person and set herself on fire. It is also stated in the dying declaration that the deceased had no complaint against any one. Applicant No.1 while trying to extinguish the fire has himself suffered burn injuries and I am informed by learned counsel that the applicant No.1 is still in hospital and undergoing treatment. Dying declaration is taken on record and marked `X’ for identification. 3. The applicant Nos. 2 and 3 are the brothers of applicant No.1 viz. husband of the deceased whereas applicant Nos. 4 and 5 are wives of applicant Nos. 2 and 3 respectively. On perusal of the statements, complaint so also the dying declaration it is clearly revealed that the applicant No.1 and the deceased along with their children were staying separately. About 3 to 4 months prior to occurrence of incident applicant No.1, the deceased and their children had shifted residence to Bilal Nagar and were not staying jointly with the other applicants. Having regard to the facts and circumstances set out here in above I am of the clear view that the applicant Nos. 2, 3, 4 and 5 are entitled to pre-arrest bail. Learned counsel for applicant No.1 in all fairness submitted that the applicant No.1 on his discharge from the hospital would himself surrender to Bijapur police station or the appropriate court and in the event of his surrender before appropriate court would move an application for regular bail. By so stating the present application is not pressed for applicant No.1. In the result present application to the extent it relates to applicant No. 1 stands dismissed as not pressed. Allowing the application partly I direct that in the event of arrest of applicant Nos.2, 3, 4 and 5 in CR No.124/09 2 registered with Bijapur police station, district Solapur for the offence punishable under sections 498A, 306 read with section 34 of IPC they or any of them shall be released on bail on executing person bond in the sum of Rs. 10,000/- each together with one or more sureties in the like amount. The said applicants shall attend the concerned police station as and when required by the Investigating Officer. Application is allowed to the extent it relates to applicant Nos.2, 3, 4 and 5. The applicants shall comply with the conditions laid down under section 438(2) of Criminal Procedure Code. The application stands disposed of. 24.7.2009. 3