1 Criminal Application No.570/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.570 OF 2011 Sadashiv s/o Deoram Kandekar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.F. Patni, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 17th February, 2011 PER COURT : 1. Heard. The accused/ applicant, father-in-law, in custody from 8.12.2010, seeks release in Crime No.I-202/2010, registered at M.I.D.C. Police Station, Ahmednagar for an offence under Sections 302, 498-A, 323, 504 of the Indian Penal Code. 2. Having gone through the two dying declarations of the victim, it is explicit, in first, she informs that the accused/ applicant instigated his wife to douse the victim as she has not brought Rs. 1,00,000/- from her maternal house. 3. The neighbour Sow. Sheetal, having witnessed the victim coming out of the house, refers that her brother Lahu was present at the door and he also facilitated to extinguish the fire. It is 2 Criminal Application No.570/2011 curious, said Lahu or Sheetal do not refer to accused to be a person responsible in either dousing or eliminating the victim. In subsequent statement, he implicates the accused applicant, the father-in-law. 4. It may be, husband of the victim was credulous, but for that purpose the custody of the accused/ applicant, who is in jail from 8.12.2010, is not warranted. Hence order : O R D E R (i) The accused/ applicant be released on his furnishing P.R. bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). (ii) The accused/ applicant shall attend the investigator on every alternate Sunday between 3.00 p.m. to 6.00 p.m. till conclusion of the trial. (iii) This bail need not be used as parity for application of Yamunabai Sadashiv Kandekar, as her role prima facie is distinct. K.U. CHANDIWAL JUDGE fmp/cri570.11