IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1034 OF 2009 1.Chandrakant Tukaram Phartade 2.Dnyandeo Tukaram Phartade 3.Balu Tukaram Phartade ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri V.V. Purwant for Applicant Shri S.S.Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 6TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Learned Counsel for the Applicants submit that so far as the Applicant Nos.2,3 and 4 are concerned, the only allegation which is made against them that they were instigating the Applicant No.1 to commit the said act of pouring kerosene and set the deceased on fire. He submitted that other two co-accused, who had instigated the Applicant No.1, have been released on bail by this Court. 3. The prosecution case is that the Applicants and others came to the house of the deceased and the Applicant No.1 poured kerosene on deceased and set her on fire. The other Applicant Nos.2 to 4 were instigating the Applicant No.1 to set the deceased on fire by pouring kerosene. 4. The learned Counsel for the Applicant submits that there is some contradiction in the actual incident and the FIR which was initially filed. This is not a part of the chargesheet. The learned Counsel for the Applicant further submitted that there is possibility that the deceased may have committed suicide. The learned Counsel for the Applicant has invited my attention to one of the statements of the eye witness, which has been recorded by the police. 5. Perusal of the statement of the witness, which clearly indicates that the Applicant Nos.2,3 and 4 were merely instigating the Applicant No.1. This is the only role that has been attributed to them. Therefore, the Applicants are entitled to be released on bail. However, there is sufficient evidence against the Applicant No.1 and, therefore, his application for bail is rejected. So far as, Applicant No.1 is concerned, liberty, however, is granted to apply for bail if the trial is not over with reasonable time. 6. The Applicant Nos.2 to 4 are released on bail in C.R. No. 201 of 2008 registered at Karmala Police Station for the offences punishable under sections 302,147, 148 and 149 of the Indian Penal Code, in a sum of Rs.5,000/- each with one or two sureties in the like amount. They shall report to the concerned police station once in a month. 7. Application is disposed of. V.M. KANADE J.