IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3788 OF 2008 CRI.APPLICATION NO.3788 OF 2008 CRI.APPLICATION NO.3788 OF 2008 Bharat Punjaj Khairnar, .. Applicant. Vs State of Maharashtra, .. Respondent Mr M.S.Karnik, for the applicant. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 17/11/2008 DATE : 17/11/2008 DATE : 17/11/2008 PC: PC: PC: 1. Heard Mr.Karnik, learned counsel for the applicant and Mr.Dedhiya, learned APP, for the State. 2. The applicant is seeking anticipatory bail in C.R.No.477 of 2008 of Ambad police station, Nashik. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under section 306 read with 34 of IPC. It is case of the prosecution that the deceased was aware about the illicit relations between his wife Vandana and the present applicant, that is, her maternal uncle, of which he was tired of and out of frustration he committed suicide by pouring kerosene and setting himself on fire. His wife Vandana tried to extinguish the fire and in that process she also sustained burn injuries. Both died of burning. A dying declaration of Vandana came to be recorded on 25.9.2008 at 11.30 am and on the basis thereof an offence under section 498-A of IPC was registered against the present complainant Krishna Shinde. In the circumstances, Mr Karnik, learned counsel for the applicant, submitted that the present FIR has been lodged by Krishna against the applicant as a counter-blast to the allegations made by the deceased in the dying declaration against him attracting the provisions of section 498-A of IPC. The FIR in the present case was lodged by Krishna at 4.45 pm on the very same day, that is, after the dying declaration of Vandana was recorded at 11.30 am on the very same day. I have perused the FIR and the other material placed before me. On the last occasion the applicant was directed to report to the concerned police station and co-operate with the investigation. The learned APP fairly stated that the applicant did report to the police regularly and cooperated with the investigation. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to grant anticipatory bail to the presence applicant. Hence, the following order. 3. In the event of arrest, the applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station every Saturday between 7 and 8 pm for a period of 90 days from the date of his formal arrest or till the chargesheet is filed, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)