1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 547/2011 Smt. Chandrabhaga Wd/o Fulchand Gajbhiye vs.. State of Maharashtra through P.S.O. P.S. Jawaharnagar, Tq. & Dist. Buldhana Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : U.V. BAKRE, J. DATED : 11.10.2011. 1. Heard Mr. S. Z. Sonbhadre, learned Advocate for the Applicant and Mr. N. R. Rode, learned A.P.P. for the Non-Applicant. 2. The applicant, who has been arrested on 06/08/2011 in Crime No. 91/2011 registered at Police Station Jawaharnagar, Bhandara for offence punishable under Sections 307, 504 and 302 read with Section 34 of the Indian Penal Code, has filed the present application for bail. 3. The deceased Pratima Wanjari was admitted in General Hospital, Bhandara with burn injuries on 01/08/2011 and she died on 07/08/2011. On 01/08/2011, the dying declaration of the victim was recorded, in which, she has stated that the applicant and her son Ravi poured kerosene on her person and set her ablaze with the help of matchstick. 4. The applicant has stated in the application that she is paralytic and is unable to sit and walk and that the victim Pratima was mentally retarded girl. 2 5. Considering the old age of the applicant which is about 70 years and she being a woman who claims to be a paralytic, I am of the view that since she is presently in magisterial custody, she should be granted bail as it cannot be expected that such an old lady would tamper with the witnesses. However, it is made clear that the application, if any, filed by the son of the present applicant will be decided on its own merits. 6. In the result, the application is allowed under the following conditions namely : (i) The applicant shall live at Nagpur with her other son. (ii) The applicant shall leave her address and telephone number with the Investigating Officer, within a week. (iii) The applicant shall attend the Jawaharnagar Police Station, Bhandara as and when called upon by the Investigating Officer to do so. (iv) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Hamdast granted. JUDGE Punde.