{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3777 OF 2009 Bhujangrao s/o Mahadeo Magre Age-25 years, Occ-Agriculture R/o Pategaon, Tq-Paithan Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.N.S.Ghanekar, Advocate for applicant Mr.N.R.Shaikh, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 30 th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail on connection with CR No.103/2008 registered with Paithan Police Station for an offence punishable u/s 307, 498- A, 504, 506 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP for the State. {2} 3. In this case, investigation is already over and charge sheet is filed and the case is now committed to the Court of Sessions and numbered as Sessions Case No.118/2009. The case is now pending before the Sessions Court, Aurangabad. 4. It is not under dispute that the marriage between applicant and complainant Surekha was performed on 19th May 2008. The incident, in which Surekha sustained burn injures, occurred on 05.09.2008. Surekha was, thereafter, taken to the hospital by the applicant where she was treated, as she had received 31% burn injuries. Her statement came to be recorded in Ghati Hospital as to how she sustained burn injuries. She has stated in the said statement that due to accident, she had sustained the said burn injuries. During the course of investigation, on the very next day of the incident, i.e. on 06.09.2008 Panchanama of the spot of the incident was drawn. On 06.09.2008 Surekha, against the advice, got discharge from the hospital and at the instance of her parents, she was taken to her parents house. On 06.09.2008 she was admitted in a private hospital, at Paithan, where she was treated as indoor patient for about 10 days. It appears that thereafter, after about 3 months, on 24 th December 2008, she lodged a compliant alleging that her husband, present applicant, and her in laws poured kerosene on her person and set her on fire. 5. It is urged by the learned counsel for the applicant {3} that now not only the investigation is over but after filing of the charge sheet the case is also committed to the Court of Sessions. My attention is drawn towards the first statement of the complainant recorded on 5th September 2008 itself and it is urged that the said statement is corroborated by the Panchanama of the spot of the incident, prepared on 6th September 2008. It is also urged that the explanation given in the compliant in respect of delay caused in lodging the compliant cannot be accepted as a lame excuse. 6. The application is opposed by the learned APP as the nature of the offence is serious one. 7. Considering the rival submissions, particularly statement of the complainant dated 5 th September 2008 and the facts disclosed therein, which are supported by the spot Panchanama, it appears, at least at this stage, that the possibility of sustaining accidental injuries cannot be ruled out. The offence alleged is u/s 307 of the IPC. The nature of the injuries, as mentioned in the medical certificate, matches with the statement of the complainant recorded at the first instance. It has to bear in mind that the the applicant is behind the bars since 24 th December 2008 and now the investigation is also over. It is also to be considered that now the complainant is residing with her parents since September 2008 and hence there cannot be apprehension of tempering of evidence at the hands of the applicant. In the {4} premise, case is made out to enlarge the applicant on bail. 8. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicant is directed not to leave the local jurisdiction of the Sessions Court, without prior permission in writing from the Court of Sessions. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3777-09