IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.254/2011 ( Sunanda w/o Ramesh Chahande & others ..Vs.. State of Maharashtra, through its P.S.O., P.S., Manora, Tq. and Distt. Washim ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.S. Kurekar, Adv. for applicants. Mr. D.B. Patel, Adv. for respondent/State. CORAM : M.N. GILANI, J. DATED : 20.6.2011. Heard. The applicants 1 and 2 who have been chargesheeted before the learned Sessions Court, Washim in Crime No.5/2011, registered with the police station Manora (Dhamni), under sections 302, 294, 506 read with section 34 of the Indian Penal Code, have approached this Court for releasing them on bail. Learned Additional Sessions Judge, Washim by order dated 18/2/2011 rejected their application. Learned A.P.P. filed the reply opposing the grant of bail to the applicants on the ground that Prima facie case under section 302 read with section 34 of the Indian Penal Code is made out against both the applicants. Perused the chargesheet and the documents relied upon by the prosecution. Since there is no eye witness to the incident, dying declaration is the main evidence on which the prosecution is placing reliance. Its perusal shows that there was a quarrel between the deceased and the applicant no.1 and 2. Thereafter the applicant no.1 - Sunanda Ramesh Chahande poured kerosene oil on the person of the deceased and set her on fire. In the dying declaration, the deceased has categorically stated twice that the applicant no.1 Sunanda Ramesh Chahande poured kerosene oil on her person and set her on fire. While taking the treatment, the deceased succumbed to the burn injuries, which is evident from the postmortem report dated 26/1/2011. Except the evidence of quarrel with the deceased, there is no evidence involving the applicant no.2 in the offence punishable under section 302 of the Indian Penal Code. Therefore, she will have to be released on bail. As regards the applicant no.1, considering her involvement and considering the gravity of the offence with which she has been charged, discretion of releasing her on bail cannot be exercised. Application, so far it relates to applicant no.1 Sunanda w/o Ramesh Chahande, is rejected. Applicant no.2 Ku. Karuna d/o Ramesh Chahande is directed to be released on bail on her executing of P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. Hamdast allowed. JUDGE Tambaskar.