1 Criminal Application No.1486/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1486 OF 2011 Yamunabai w/o Sadashiv Kandekar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.F. Patni, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 20th April, 2011 PER COURT : 1. Heard finally. The female accused/ applicant, mother-in-law of deceased Sunita Kandekar, in custody from December, 2010, has urged bail. 2. The two dying declarations of Sunita implicate the accused/ applicant with specific role of immolating her, based on non compliance of Rs.1,00,000/- to purchase agricultural property. Sunita’s husband is credulous and was not present at the material time. 2 Criminal Application No.1486/2011 3. Owing to earlier skirmish, Sunita had gone to parental house, she was brought back by her brother, who incidentally was waiting nearby, conversating with another gentleman when the event with Sunita had taken place in the room. 4. Learned counsel submits, by reading statement of the neighbour, it is stereo type and they have not stated anything about presence of the accused/ applicant in the room. Counsel also submits, brother if had left his sister at the matrimonial home, should have ventured presence of the accused/ applicant which he does not refer. 5. The statement of the brother will have to be read in entirety, which depicts the events and the plight faced by his sister. His not visiting the house or inside the room, by itself, at this stage, would not mean that his statement is fabricated. The two dying declarations at this stage implicate the accused even if she is female. 6. Reliance to the judgment of this Court in the 3 Criminal Application No.1486/2011 matter of Altab Yusuf Khan Vs. State of Maharashtra [ 1996 (III) L.J. 275 ] would not be a stimulus to release the accused on bail as in the said case the husband, after ensuring immolation, himself extinguished fire, suffered traces of the burns on his forearm, he too was hospitalised. In the said case, the long drawn custody was also a paramount factor. 7. At this stage of the matter, even if charge sheet is filed, the brutality with which the offence is committed, generating the horrifying experience in the neighbourhood, does not call for release of the accused on bail. Application rejected, finally disposed of. 8. The learned Sessions Judge at Ahmednagar, considering custody of the accused/ applicant, she being a female, shall endeavour to give priority to the matter for early disposal, preferably by the end of January 2012. K.U. CHANDIWAL JUDGE fmp/cri1486.11