1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3692 / 2009 [Gajanan s/o Rajaram Sirsat and another vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R K Tiwari Adv. for applicant Mr A S Fulzele APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 20, 2010. Heard. 2. By means of this application, the applicants are praying for bail in connection with Crime No. 26/2009 reported at Dongaon Police Station, District Buldana for offence punishable under section 307 ( later on converted into Section 302), 498A, 323 read with section 34 of the IPC. The offence was registered on the basis of complaint of one Vinod Ingle (brother of the deceased). The material collected during the investigation consisting of dying declaration which appears to have been recorded by the Executive Magistrate Akola, which appears brief statement regarding loss of mobile, quarrel, assault by husband and mother-in-law and thereafter the sister-in-law holding her hand and mother- in-law setting her ablaze. It appears from the material collected during the investigation that the statement of some witnesses have been recorded which contained oral dying 2 declaration made by alleged victim Sandhya indicating that Sandhya had implicated her husband, as well as her mother-in-law, apart from her sister- in-law. According to version of witnesses, as regards oral dying declaration made by Sandhya, Gajanan ( her husband ) had poured kerosene on her person; she was held by her sister-in-law by hands and mother-in-law lighted a matchstick to set her on fire. Thus, both these applicants were implicated in a serious offence which is punishable with death or imprisonment for life. The post mortem notes also indicate that the victim had sustained 100 per cent burns as mentioned in Column No.17 thereof, although report in respect of viscera is yet awaited. 3. The learned APP states that charge-sheet is already filed and it is Sessions Case No. 286/2009 pending in the Sessions Court, Buldana. Under these circumstances, I am not inclined to grant bail. However, the trial Court is expected to expedite the trial and to dispose it of as early as possible. Needless to mention that the observations made in this order are for limited for purpose of deciding this bail application only and the trial court shall decide the matter on the basis of its own merits and according to law. Application is rejected. JUDGE sahare