1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1699/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. SG Dargad, Advocate for the applicant; Mr.KM Suryawanshi, APP for State. __ CORAM : K.U.CHANDIWAL, J. DATE : 30th July, 2009. ... 1) Heard learned Counsel. 2) The applicant by this application seeks release on bail for offence under Sections 302,498A, 506 r/w 34 of IPC. Charge sheet is filed. The controversies between husband and wife resulted in unfortunate death of the wife owing to burns. In the statement dated 9th February, 2009, recorded before the learned Executive Magistrate, when the victim was in conscious state of mind, certified by the medical officer of Rural Hospital, Washim, she has disclosed that the fire was accidental, she was in the process of cooking and she succumbed to the burns. It was subsequent, the statement indicts the accused. 3) The Counsel canvassed, the subsequent statement is more leaning to be influenced by presence of her parents, who 2 had coordinated to change her mind to implicate the accused. At this stage of the matter, considering the above referred facts, the accused, being in custody from 14th February, 2009, nothing to be recovered from him, he he permanent resident of village Mannas Pimpri, no past criminal record to his credit, hence following order - (i) The applicant/accused - Shaikh Rafiq s/o Shaikh Issa be released on bail in Crime No. 12/2009 registered with Goregaon Police Station, district Hingoli, on his furnishing PR bond and surety in the sum of Rs.10,000/- (Rupees ten thousand). (ii) After his release, the applicant/accused will attend the concerned Police Station on every Sunday between 9.00 a.m. to 6.00 p.m. for a period of one year. Apart from that, he will also regularly attend the court proceedings. (iii) The applicant/accused will not influence the witnesses. 4. Criminal Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran1699.09