1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1592 OF 2010 1 Sou. Tai Uttam Kolekar ) 2 Shri Uttam Vitthal Kolekar )..Applicants Vs. The State of Maharashtra )..Respondent ­­­­ Mr. V. S. Talkute along with Shriram Chaudhari for the applicants. Smt. V. R. Bhosale APP for the State. ­­­­ Coram : R.S.MOHITE,J Date : 5th May, 2010 PC 1 This is an application for grant of bail. The applicants who are married to each other are shown as accused in C.R.No.223/2009 registered by the Mangalwedha police station for alleged offence under Section 302 read with 34 of IPC. The deceased is one Neelkanth Patil. The prosecution case is that the applicant no.1 was having illicit relationship with the deceased and when the husband came to know about it, the incident took place. There are two dying declarations of Neelkanth Patil. One was recorded on 20.11.2009 and the other was recorded on 21.11.2009. In the first dying declaration it is alleged that the applicant no.1 poured kerosene and applicant no.2 set her on fire. In the 2nd dying declaration specific acts are not stated. The 2nd dying declaration further states that applicant no.1 thereafter made her walk in burnt condition for 2 k.m to the bus stop. It appears that deceased was picked up in a truck by one of his driver’s friend by name Nagnath. Nagnath talks about the presence of applicant no.1 as well as her husband when his truck was stopped. Though there is some material against both the applicants, taking 2 into account that the applicant no.1 is a woman and there are special provisions pertaining to women in so far as grant of bail is concerned, I am inclined to grant bail to applicant no. 1. Hence following order :­ O R D E R 1 Application of applicant no.2 Uttam Vitthal Kolekar is rejected. 2 Pending her trial in pursuance of C.R.No.223 of 2009 registered by the Mangalwedha police station, the applicant no.1 Sou. Tai Uttam Kolekar may be released on bail in the sum of Rs.10,000/­ with one surety in the like amount subject to the condition that she will report to the concerned Investigating officer as and when called upon by him to do so in writing and will remain present on all dates of her trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4