1 Cri.Appln.No.149/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.149/2011 (Bhagubai w/o Kailash Adhane Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NS Ghanekar, Adv. for applicant; Mr.KS Patil APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 3 rd February, 2011. ... 1) Heard. 2) The applicant, Mother-in-law, in custody from 3rd October, 2010 on the accusations of dousing her daughter-in-law, the victim, seeks release on bail. 3) The prosecution mainly relies to two dying declarations of the victim, the deceased, wherein she implicates the mother-in-law, applicant herein. 4) The learned counsel informs, charge sheet is filed and nothing is to be recovered from the applicant. She is old lady. The learned Counsel further submits that indeed at the material time, the applicant, along with her husband, had gone to Jaitkheda to attend ailing relative, who subsequently expired. For such purposes, Raibhan and Ravindra Walunje have indicated presence of the applicant/accused at Jaitkheda. Even Eknath Walmik Gaikwad informs having met the applicant/accused and her husband, had a tea while on the way to Jaitkheda. 5) In the statements of Balu Dadabhau; Walmik Walunje; Ashok Parasram Udhar; Kaduba Bhaginath Wakade; Vitthal Shamrao 2 Cri.Appln.No.149/2011 Walunje; and Vijay Adhane, it is informed that having heard the screams near the house of the victim, they rushed, saw Sanjay, husband of the victim while the victim Suvarna was burning, as her apparels were in burnt condition. Consequently, the witnesses, referred above, by assistance of a saree and removed the deceased and thereafter she was carried in a bullock cart till Jalgaon-Aathegaon road and then in a Cruiser jeep of Ganesh Pawar, carried to hospital. 6) Taking these events as illustrated by the witnesses and little shake in the two dying declarations illustrate that the accused/applicant may not have been present at the material time when the events have taken place. Though plea of alibi is not to be considered at this stage, however, the witnesses, who were immediately present referred herein above, demonstrate the cause of death to Suvarna. That apart, the spot panchanama to some extent rebels to the testimony of the deceased as the hearth and can of kerosene are at two different places. Kerosene can is associated with a match-stick; pieces of broken bangles are seen outside the devast room. 7) In the situation, further custody of the applicant/accused not warranted. Hence, order. 8) The applicant/accused Bhagubai w/o Kailash Adhane be – released on her furnishing PR bond and surety in the sum of Rs.20,000/-(Rupees twenty thousand). 9) The applicant/accused shall not influence the witnesses, shall attend the trial scrupulously. 10) Application allowed as above. (K.U.CHANDIWAL) JUDGE bdv/