1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.575 OF 2011 (SAU. ANTAKALABAI PRALHAD KAMBLE & 4 OTHERS//VS// STATE OF MAH. THR. COMMISSIONER OF POLICE, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Deshpande, Advocate for Applicants. Mr. V.A. Thakre, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 09, 2011. Heard both sides. This is an application by accused Nos. 1 to 5 / applicants herein for releasing them on bail, against whom chargesheet has been submitted in the Court alleging commission of offence punishable under Sections 302 read with 34 of the Indian Penal Code. One Varsha Pawar having two children was residing with her parents in village Pimpaldara which falls within the jurisdiction of Police Station, Malegaon, District : Washim. The accused persons are her neighbours. On 19.03.2011 at about 4.00 am there was a quarrel between them. It is alleged that the accused Antakalabai, Vandana and Nirmalabai poured kerosene on her person and set her on fire. She sustained 72% burn injuries and died on 03.04.2011. While she was being treated her dying declaration was recorded by Executive Magistrate as well as by the Police. In both the dying declarations she has named the applicants No.1 to 3. As regards applicant No.4, who is aged about 70 years, it is stated that he had instigated other accused. In the dying declaration recorded by the police, 2 which was treated as first information report, name of applicant No.5 Sunil is also appearing as a person who has given verbal instigation. The quarrel had taken place between applicants No.1 to 3 on one hand and the deceased on the other. What is attributed against applicants No.4 and 5 IS that they verbally instigated others and that too there is no consistency so far as involvement of applicant No.5/ accused is concerned. Considering the seriousness of the charge levelled against applicant No.1 Antakalabai, applicant No.2 Vandana and applicant No.3 Nirmalabai they cannot be released on bail. However, applicants No.4 Pralhad Kamble and applicant No.5 Sunil Kamble will have to be released on bail. Hence, the application of applicant No.1 Antakalabai Kamble, applicant No.2 Vandana Survey and applicant No.3 Sau. Nirmalabai Kamble is rejected. Applicant No.4 Pralhad Kamble and applicant No. 5 Sunil Kamble are directed to be released on their executing P.R. Bond of Rs.Twenty Five Thousand each with two sureties each in the like amount. JUDGE RR..