{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1695 OF 2010 Ashok s/o Mahadeo Ughade Age-55 years, Occ-Labour R/o Jajnagar, Maulinagar Mukundwadi, Aurangabad APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Mukundwadi police station, Aurangabad RESPONDENT ....... Mr. V.K.Parkhe, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th June 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.65/2009 registered with Mukundwadi police station, Aurangabad for an offence punishable u/s 307, 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 9th March 2009. It is informed that in this case, after completion of the investigation, charge sheet has been {2} filed on 15th January 2009 and the case is committed to the Court of Sessions and numbered as Sessions Case NO.429/2009 against the present applicant and two others. 2. Heard learned counsel for the applicant followed by the learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the complaint of one Savita, daughter in law of the applicant. It is alleged that on 7th March 2009, due to quarrel between the Savita and her husband and in laws, her husband set her on fire and in the said crime the applicant and his wife assisted her husband. It appears that after the victim succumbed to death, the offence came to be converted into an offence punishable u/s 302 of the Indian Penal Code. 4. It further appears that the earlier attempts of the applicant to get himself released on bail failed, as his successive bail applications are rejected by the trial court and hence he is before this Court. 5. Perusal of the record shows that the allegations against the present applicant, by the victim, are that he had also tortured her along with others. However, so far as the complaint is concerned, the same is based on the dying declaration of the deceased and the said dying declaration as well as other dying {3} declarations so also other statements recorded during the investigation, do not indicate any active role or otherwise participation of the applicant. If it is so, case is made out by the applicant to release him on bail. 6. In the result, the application is allowed. The applicant be released on bail in connection with CR No.65/2009 registered with Mukundwadi police station, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bonds. The applicant is directed not to leave the local jurisdiction of Aurangabad Sessions Court till disposal of the trial. The applicant is also directed not to contact or tamper with the prosecution witnesses. The application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1695-10