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 & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3452 OF 2011 BAPU PUNDLIK PATIL VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Choudhari N. L. APP for Respondent(s): Mr. G.R.Ingole. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 18, 2011 ... 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant, seeking bail, in connection with Crime No.11/2011, registered at Marwad Police Station, Tq. Amalner, District Jalgaon, for the offences punishable under section 302, 143, 147, 457, 448, 452, 427, 323, 504 of Indian Penal Code and Section 135 of Bombay Police Act. 3. It appears that crime has been registered on the basis of dying declaration of one Lady namely Sangita Patil, in respect of the occurrence of the incident on 18.2.2011. It is alleged that on the previous day, person namely Gotu, who is nephew of the husband of the deceased had come to the house of deceased in night time and he had behaved in indescent manner with her, when her husband was not at home. 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 & Registrar's orders. Court's or Judge's orders Thereafter, said lady Sangita contacted her brother and father and accordingly, they went to village of the deceased. There was some quarrel between relatives of the deceased on one side and relatives of Gotu on the other side. 4. It is also alleged that, after said quarrel, applicants come infront of the house of deceased. First dying declaration which was recorded on 19.2.2011, deceased Sangita made allegations that Sudam Shantaram, Raju Pandurang and applicant herein Bapu Patil took out kerosene can from her house, and Sudam poured rockel on the person of the victim and lit match stick and set her ablazed. In the second Dying Declaration, which was recorded on 19.2.2011, at about 12.40 hours, deceased has made allegations that all the three persons namely Sudam, Raju and Bapu set her on fire after pouring kerosene on her person, where as third dying declaration, which was recorded on 19.2.2011 at about 04.05 hours, in which she made allegations against only Sudam Shantaram Patil, who allegedly poured kerosene, on her person and set her on fire. Thus, apparently, there are variances in the said dying declarations and it appears that main role ascribed in the occurrence of the incident is to the Sudam 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 & Registrar's orders. Court's or Judge's orders Shantaram Patil. 5. Moreover, learned Advocate for the applicant pointed out that alleged overt act attributed to the applicant herein and Rajendra Patil is almost on the similar footing and Rajendra Patil has been granted bail by this Court by order dated 27.7.2011 and submitted that applicant also deserves to be enlarged on bail. Learned counsel also submitted that investigation has been completed and chargesheet has been filed and therefore, there is no propriety in keeping the applicant in custody. 6. In the result, present application is allowed and it is directed that the applicant herein namely Bapu Pundlik Patil, be released on bail, on furnishing P.R.Bond, in the sum of Rs.15,000/- [Rs. Fofteen thousand], with one surety in the like amount, on the condition that, applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner, whatsoever, directly or indirectly. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) AAA/- ***