{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 867 OF 2010 Barku s/o Kaparu Patil Age-72 years, Occ-Labourer R/o Bhilai, Tq-Parola, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra Through Parola Police Station RESPONDENT ....... Mr. B.R.Kedar h/f Mr.B.S.Kudale, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12 th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.289/2009, registered with Parola police station for an offence punishable u/s 302, 498-A 504 of the IPC, as the applicant is arrested on 10 th November 2009 and after completion of investigation, charge sheet has been filed in the Court of JMFC, Parola on 13.01.2010. {2} 2. Heard learned counsel for applicant and learned APP. Perused the papers of investigation. 3. The alleged incident has occurred on 07.11.2009 and the offence came to be registered on the complaint of one Bebibai, daughter in law of the applicant. It is alleged in the compliant that in the evening when she was sleeping, the applicant, father in law, got annoyed as she had not cooked food and poured kerosene on her person and set her on fire. It is further alleged that her husband took her to the hospital and while under treatment she succumbed to the burn injuries on 10 th November 2009 and hence the offence came to be converted into punishable u/s 302 of the IPC. 4. Perusal of the PM notes show that the complainant had sustained 54 % burn injuries and the cause of death is due to septicemia due to burn injuries. Though it is alleged in the complaint that the deceased was admitted in Parola rural hospital, yet previously she was treated at Dr.Bora’s hospital at Dhule, which fact has been reflected in the Postmortem report. Now it is worthy to be noted that after the deceased was admitted in a private hospital at Dhule, she had disclosed that she sustained the burn injuries as her sari came in contact with the flames of a stove. This statement is corroborated from the recitals of the spot Panchanam. Though it is alleged that the applicant set her on fire, yet the said fact is not supported by the spot Panchanama. This is {3} not the stage to decide as to which dying declaration is correct one, however circumstances would indicate that there is room for doubt as to whether the applicant is the author of the injuries found on the person of the deceased. In the premise and considering the fact that charge sheet has been filed after completion of the investigation, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail in connection with CR No.289/2009, registered with Parola police station, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. [A.V.POTDAR, J.] drp/A10/criapln867-10