1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 96/2011 ( Habibkhan Papakhan and another .vs. State of Maharashtra through PSO PS Achalpur , Dist. Amravati ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.S. Wakil, Advocate for Applicants. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 29, 2011 Heard. By the present application, the applicants who are respectively father-in-law and mother-in-law of victim one Yasmin Bano, apprehending an arrest in connection with Crime No. 4/2011 registered with Police Station Achalpur for commission of offence under Section 307 read with 34 of IPC , have prayed for a direction under Section 438 of Cr.P.C. The said crime has been registered upon the dying declaration of said Yasmin Bano recorded at the hospital. The material part of the said dying declaration reveals that on the day of the incident quarrel ensued in between victim and her husband on the count of one Mobin has been to their house earlier and during the same husband had thrown kerosene can upon the victim 2 and also thrown lighted match stick upon her and the same has resulted in victim catching fire. With regard to the applicants, it is stated in the said dying declaration that thereafter both the applicants had caught the hands of the deceased and due to the same her body was burnt. It is further stated in the dying declaration that the victim was threatened by her husband for not lodging the report at the Police Station and thereafter along with help of her parents victim had got her admitted in the hospital. The prayer for anticipatory bail is objected by the prosecution on the count of involvement of the applicants in the offence is borne from the material stated in the dying declaration. It is also contended that both the applicants were absconding since date of incident and as such they should not be granted anticipatory bail. The learned counsel for the applicants has pressed the prayer for bail on the ground that the applicants were not having cordial relations with the victim and their son and they have lodged the complaints against them as stated in the application. It is further urged that victim has sustained only 45 % of burn injuries and she is out of danger. It is contended that the applicants were not in the said house at the time of the incident and they have been falsely implicated. It is further urged that they were not absconding after the incident as they were pursuing the remedy to obtain the anticipatory bail from the Court of law. After giving thoughtful consideration to the 3 submissions advanced by both the sides and having regard to the fact that the investigation is said to be almost complete, the advance age of the applicants, it is difficult to perceive of presently there being any need of custodial interrogation of the applicants. Having regard to the aforesaid facets and merely because the applicants who are aged persons were said to be absconding, does not appear to be a sound ground for negating prayer for anticipatory bail as the facets brought to the notice of the Court does not make a compelling case of the custodial interrogation of the applicants being necessary. Having regard to the same and judging the case of the applicants on the basis of the guidelines given by the Apex Court in Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691 in paragraphs 122 to 125, it appears proper to accede with the prayer for anticipatory bail made by them by imposing certain conditions. Having regard to the same and having due regard to the age of the applicants and the copies of the complaints which are annexed with the application showing that the relations between the applicants and their son and daughter-in-law were not cordial, the prayer will deserve consideration as due to the said material the possibility of false implication as contended cannot be altogether ruled out. Inform the Investigating Officer of said crime that that in the event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand) each with one surety in 4 like amount and subject to the conditions that applicants (i) shall attend said Police Station everyday in between 11 and 1 p.m. for first seven days and thereafter on every Monday in connection with the investigation of the said crime until filing of the charge sheet; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. Application stands disposed of. JUDGE halwai