(1) CR.APP. 2088.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2088 OF 2009 1] Shivaji S/o Dadarao Gaikwad, Age : 30 years, Occu.: Agri., 2] Balaji S/o Dadarao Gaikwad, Age : 45 years, Occu.: Agri., 3] Apparao S/o Balaji Gaikwad, Age : 20 years, Occu.: Agri. All R/o Borgaon (A), Tq. Loha, Dist. Nanded .. Applicants Versus The State of Maharashtra, (Copy to be served on Public Prosecutor, Bombay High Court, Bench at Aurangabad) .. Respondent Mr. A.M. Gaikwad, Advocate for the Applicants Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 8TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime no. 39 of 2009 dated 2.4.2009 of Loha Police Station for offences punishable under section 302, 498-A r/w. 34 of the Indian Penal Code. (2) CR.APP. 2088.2009 2] The applicants 1 and 2 are brothers in law of the deceased and the applicant no.3 is son of the applicant no.2. The deceased was brought to hospital on 2.4.2009 with burn injuries. After she was admitted to hospital, she made a statement before the Executive Magistrate. She said that she was set on fire by her husband. But she indicated that the present applicants had connivance in such act. Her second dying declaration was recorded on the same day a couple hours later. In this statement, she said that her husband set her on fire in presence of the present applicants. She said the present applicants were standing in the door way to prevent her exit from the room. She also alleged that the present applicants were asking the main accused to set her on fire. There is one more theory as to how the deceased sustained burn injuries. One of the witnesses stated that when he saw the deceased in burning condition running towards a public tap where the water was flowing, he asked the deceased as to how her clothes caught fire. The deceased told him that it was an accident. 3] It is thus seen that the prosecution case suggested three different stories about the incident. The applicants, admittedly did not set the deceased on fire. In the statement before the (3) CR.APP. 2088.2009 Magistrate, the victim did not implicate the applicants as the culprits. The applicants are in custody since 3.4.2009. The investigation is over. The chargesheet is also filed. In my view, the applicants deserve bail. 4] The applicants are released on bail of Rs.10,000/- (Rs. Ten Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/8july9/cr2088.09