1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1968 OF 2009 CRIMINAL APPLICATION NO. 1968 OF 2009 CRIMINAL APPLICATION NO. 1968 OF 2009 1. Naganath Laxman Khichade, 2. Sau Baby Naganath Khichade, 3. Sau.Lata Ashok Kolpe, .. Applicants. Vs. State of Maharashtra .. Respondent. Mr J.D.Mane, for the applicants. Mrs S.D.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 05.05.2009. DATED : 05.05.2009. DATED : 05.05.2009. P.C.: 1. Heard learned counsel for the applicant and learned A.P.P for the State. 2. The applicants are seeking anticipatory bail in C.R.No.16 of 2009 of Madha Police Station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 307,498(A),323,504, r/w 34 of the IPC. 3. The prosecution case, in brief, is that the applicants and three others subjected the deceased-Minakshi to harassment with a view to coercing her and her family members to meet their unlawful demand of monies. It is alleged that on 2 2 2 11.3.2009, the husband and the mother-in-law of the deceased poured kerosene and set her on fire. There is a dying declaration on record. She has specifically attributed overt act to her mother-in-law and her husband. She has stated that the mother-in-law poured kerosene on her person and husband set her on fire. Insofar as the present applicants are concerned, she has stated that applicant nos 2 and 3 were also present. However, no overt act is attributed to them. As a matter of fact, she has stated in the dying declaration that the other family members extinguished the fire. When she was specifically asked, against whom she had grievance, she named only her husband and mother-in-law. Keeping that in view and considering overall facts and circumstances of the case, in my opinion, custodial interrogation of the present applicants is not necessary. Hence, I pass the following order. . In the event of arrest, applicants no.1 Naganath Laxman Khichade, no.2-Sau Baby Naganath Khichade and no.3- Sau.Lata Ashok Kolpe, be released on bail in the sum of Rs.5000/- each with one or two sureties to make up the said amount subject to the 3 3 3 conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicants are directed to report to the concerned police station every Saturday between 10 and 11 am for a period of sixty days from today or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)