1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4548 OF 2009 Balu S/o.Rambhau Gosavi, Age-24 years, Occu-Agriculturist, R/o.Avhane (Bk.) Tq.Shevgaon, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra Through its Police Station In-charge, Shevgaon Police Station, Tq.Shevgaon, Dist. Ahmednagar RESPONDENT Mr.N.B.Narwade, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 29/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.29/2009, registered in Shevgaon Police Station, which came to be registered on the complaint lodged on 21/03/2009 about the incident dated 20/03/2009 on the statement of Archana Gosavi against the present applicant, wherein the present applicant came to be arrested on 22/03/2009 and since then is in custody. Already the investigation is over and charge sheet is filed. Even though charge sheet is filed, it 2 is informed that yet the case is to be committed to the Court of Session. 2. Considering the submissions across the bar, one fact is clear that the death of Archana was due to sustaining burn injuries. As projected by the counsel for applicant and as demonstrated by the learned APP, it is to be considered whether these burn injuries sustained by deceased Archana at the instance of applicant as he poured kerosene on her person and set her on fire or whether it is a case of self-inflicted suicidal death. It is to be noted that during the course of investigation, statement of one Nandabai, the wife of brother of applicant came to be recorded on 22/03/2009 on the very next day after the offence came to be registered. Even though in the second dying declaration recorded on the basis of which offence came to be registered and applicant came to be arrested, it is recorded that it is the applicant who poured kerosene on the person of Archana and set her on fire. At the same time, in the dying declaration, there is reference of Nandabai who immediately came there and by putting the gunny bag on the person of deceased, tried to extinguish the fire and later on shifted to the hospital. As against this, the statement of Nandabai not corroborated the dying declaration of deceased Archana and for this purpose, the spot panchnama will speak allot as the deceased was not taken to the hospital in the condition in which according to the dyding declaration she came out, but according to the statement of Nandabai, the wet saree was put on her person which find place in the spot panchnama as lying there and if it is so, 3 even though this is not a stage to discuss whether the disclosure in the dying declaration is correct or the statement of Nandabai to be believed, but because of the statement of Nandabai recorded during the investigation, creates a doubt about the role played by the applicant and the exact cause of death whether homicidal or suicidal. Considering this aspect and the long standing detention of the applicant, case is made out to enlarge the applicant on bail by putting certain conditions. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to enter in village Avhane (Bk.) Tq.Shevgaon till the commencement of trial against him. 4. Applicant is at liberty to pray for relaxation of this condition after the commencement of trial before the Court of Sessions. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri-appl-4548-09