{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 40 OF 2010 1. Pournimabai w/o Sambhaji Malve Age-42 years, Occ-Househodl R/o Talni, Tq-Biloli, Dist-Nanded 2. Latabai w/o Ananda Kandhare Age-35 years, Occ-Household R/o Talni, Tq-Biloli Dist-Nanded APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.Sharad Bangar, Advocate for applicants Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th January 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.73/2009 registered with Ramtirth police station, Dist-Nanded for an offence punishable u/s 302, 323, 504, 506 r/w 34 of the Indian Penal Code, as the applicants are arrested on 19.09.2009 and charge {2} sheet is filed on 11.12.2009 in the Court of JMFC, Biloli. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. 3. It appears that the said offence is registered on the complaint of victim Seema herself. It is alleged in the complain that in the early morning of 18th September 2009, a quarrel took place on a petty issue and altercation took place between the applicants and the complainant, resulting into the death of the victim by setting her on fire. 4. It is urged on behalf of the applicants that the said incident has occurred in a spur of moment due to the quarrel. It appears that the victim succumbed to death in the hospital on 10.10.2009. It is also contended that no statement of any independent witness has been recorded during the investigation. It is also urged that the applicants are ready to stay way from the village where the incident took place and where the witnesses reside. 5. Learned APP opposed the application on the ground that there is direct evidence against the applicants as they are neighbouers and in the event of their release, there is possibility of tampering of prosecution witnesses. {3} 6. Considering the rival submissions and on perusal of the PM notes, it is clear that the death of the deceased is caused due to 91% burn injuries. Though the applicants have not set the victim on fire yet they have participated in the alleged offence thereby holding her hands when another accused had set her on fire by pouring kerosene on her person. However, it cannot be said that it is an intentional act on the part of the applicants. In the premise, considering the age and sex of the applicants and in view of the fact that they are ready to stay away from village Talani, it is desirable to enlarge them on bail. 7. In the result, the application is allowed. Both the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicants are directed not to enter village Talani, Tq-Biloli till the trial is over. In the event of violation of this condition, the prosecution is at liberty to apply for cancellation of bail. [A.V.POTDAR, J.] drp/A10/criapln40-10