{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3639 OF 2009 1. Parmeshwar @ Balu s/o Namdeo Sonkamble Age-23 years, Occ-Labour R/o Jaibhimnagar, Jalkot, Dist-Latur 2. Namdeo s/o Piraji Sonkamble Age-60 years, Occ-Labour R.o Jaibhimnagar, Jalkot, Dist-Latur 3. Kisan @ Pintu s/o Namdeo Sonkamble Age-27 years, Occ-Labour R/o Jaibhimnagar, Jalkot, Dist-Latur APPLICANTS VERSUS The State of Maharashtra Through Jalkot Police Station, Dist-Latur RESPONDENT ....... Mr.J.M.Murkute, Advocate for the applicants Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.25/2009 registered with Jalkot police station for an offence punishable u/s 302, 498-A r/w 34 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP. As notice was already given to the learned APP, the APP has placed the investigation in my hand for my perusal. {2} 3. Considering the submissions advanced across the bar it appears that the victim in this case is wife of applicant No.1, daughter in law of applicant No.2 and sister in law of applicant No.3. Marriage between the deceased and applicant No.1 was performed prior to about one year of the alleged incident. It is a case of bride burning on account of demand of dowry at the hands of in laws. The complaint discloses that there were demands from the deceased to bring Rs.50,000/- from her father as a dowry for purchase of auto and on that count she was tortured and harassed. The alleged incident took place in the afternoon of 6th April 2009. The FIR discloses that after a quarrel the applicant No.1 poured kerosene on the person of the deceased and set her on fire. Thereafter the other co-accused closed the door. The victim opened the door and tried to extinguish fire and the neighbours took her to the hospital at Udgir, where her statements came to be recored which is treated as a compliant and on the basis of the said statement an offence came to be registered. After completion of the investigation a charge sheet came to be filed against the accused persons. 4. Statement of the complainant shows that active role is played by applicant No.1. The PM notes clearly indicate that the death is caused due to 95 % burn injuries sustained by the deceased. Statement of the deceased was recorded twice, which are treated as dying declarations. In the second statement the deceased has aggravated the role played by applicants No.2 and 3. Which dying declaration is to be believed is a matter of record for the trial court and it cannot be adjudicated at this stage. The applicants are in custody since 29th April 2009. {3} 5. Considering the submissions and the disclosure of facts it prima facie appears that the applicant No.1 has played an active role in setting the deceased on fire. Thus it can be inferred that there is nexus between the role played for the applicant No.1 as well as death of the victim. So far as role played by remaining applicants is concerned, it is alleged that they have instigated the applicant No.1 to set the victim on fire. No overtact appears to be attributed to the applicants No.2 and 3. In the premise, so far as applicant No.1 is concerned, he does not deserve liberty. Whereas so far as applicants No.2 and 3 are concerned, as no prima facie case is made out against them, and as they are in custody for a considerable long time, they deserve liberty. 6. In the result, the application is partly allowed. The application, so far as it relates to applicant No.1, is rejected. The application in respect of applicants No.2 and 3 is allowed. The applicants No.2 and 3 be released on bail on furnishing surety in the sum of Rs. 20,000/- each and on executing PR bond in the like amount. The applicants No.2 and 3 not to contact or tamper with the prosecution witnesses after releasing on bail. The application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3639-09