1 criapln2112-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2112 OF 2011 Balu @ Balasaheb Bhagwan Kadam .. Applicant Vs The State of Maha. .. Respondent ... Shri V.D.Salunke,Adv.for applicant Shri B.J.Sonawane,APP for R-State. ... CRIMINAL APPLICATION NO.2125/2011 Dilip Haribhau Ranveer .. Applicant Vs The State of Maha. .. Respondent ... Shri Shahaji B. Ghatol Patil,Adv. for applicant. Shri B.J.Sonawane,APP for Respondent-State ... CORAM : T.V.NALAWADE,J. DATE : 10/06/2011 ORAL ORDER: 1] Both these applications are filed in Crime No.1/11 registered at Hatta police station, Dist.Hingoli, for offences punishable under 2 criapln2112-11 Sections 302, 452 r.w. 34 of I.P.C. The papers of investigation were made available by A.P.P. Both sides are heard. 2] Crime came to be registered on the basis of report given by Chaturabai Kadam on 2/1/2011 in hospital. She disclosed in hospital that on 1/1/2011, both the applicants had entered her house and they started drinking liquor. When she asked them to leave, they did not leave the house. She has contended that she then gave warning that she would set herself on fire, but they did not leave and accused Balu said that he would set her on fire. She made allegations that both the applicants then held her and after pouring kerosene, they set her on fire. She succumbed to the injuries. 3] Police have recorded statements of the husband, other relatives and neighbours of the deceased. Most of the statements were recorded on 2/1/2011 and after that, statement of daughter of deceased viz. Aishvarya came to be recorded on 5/1/11. She stated that she was present in the house when the incident took place. Some other record is there like post mortem report and spot panchanama and in the spot panchanama, there is mention of presence of kerosene can, match box and smell of kerosene. 4] In view of the contentions made by applicants, that first dying declaration was totally inconsistent to the dying declaration on which 3 criapln2112-11 prosecution has relied, direction was given by this Court to produce the first dying declaration. Today, the said dying declaration is produced. In that dying declaration given on 1/1/2011 in the hospital she had contended that kerosene lantern fell on her person and her clothes caught fire. Thus, there are totally inconsistent dying declarations and the dying declaration blaming the applicants was recorded subsequently, on 2/1/2011. It was submitted that charge sheet is filed and since January 2011, the applicants are behind the bars. 5] It was submitted that applicant Dilip is auto-rickshaw driver and applicant Balu is an agriculturist and they are bread earners of their family and there is no possibility of tempering of the prosecution witnesses in view of the nature of evidence collected by police. It was submitted that these are the first applications filed in High Court, though similar applications are rejected by Sessions Court. 6] Considering the aforesaid circumstances, this Court holds that bail needs to be granted to applicants, subject to some conditions. So, both the applications are allowed. 7] Both the applicants are to be released on bail on their furnishing P.R. bond of Rs.15,000/- each in Crime No.1/11 registered at Hatta police station, Dist.Hingoli, for offences punishable under Sections 4 criapln2112-11 302, 452 r.w. 34 of I.P.C. The applicants shall not tamper with prosecution witnesses. They shall not visit the locality where the husband of the deceased is living. [T.V.NALAWADE,J.] umg/criapln2112-11