1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3295 OF 2009 Jitendra S/o Ramsing Patil and another Versus The State of Maharashtra. *** Mr. V. S. Ghanekar, Advocate for the Applicant. Mr. S. G. Nandedkar, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 7th OCTOBER, 2009. 1. Heard counsel extensively. In an offence under section302, 498-A, 323, 504, 506 read 34 of IPC, in Crime No.I-30 of 2009, the accused/ applicant urged to be released on bail. 2. The factual matrix, essential for the present application is, the victim Vandana married to Jitendra on 27th February, 2009 and she had unfortunate death due to severe burns on 1st June, 2009 occasioned at around 06.00 a.m. There was dying declaration of Vandana recorded by the Police Officer in presence of medical officer who has endorsed at 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 03.30 p.m. on 1st June, 2009. 3. The counsel, while criticising the conduct of the victim in implicating the accused subsequently, contend that when at 10.45 a.m. a police officer was making inquiry with her, after few lines she stopped making disclosure claiming not keeping well. Then, according to counsel, how she could make a further statement at 03.30 p.m. Counsel attributes such cause as an act of tutoring by the relations to implicate the accused herein. The counsel submits there was no reason for the relations/ in-laws to admit the victim if indeed they had activated the burning event. 4. At this stage of the matter, it is primarily difficult to digest that the statement to be subsequent as branded by counsel. That apart, taking the victim to the hospital by in-laws is a double edged sword, it may be to attract and invite sympathy of the adjoining persons with a show of the humanity. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Consequently, the taking of the victim to the hospital is no ground for grant of bail and particularly when the victim had seen her last breath within four months of the marriage, though she had dreams of happy marital life with her husband Jitendra. In the situation, no bail. Application is rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:07/10/2009. ans/3295