- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2345/2010 Sanjay s/o Khemchand, age 28 ys., occu.service, r/o Vishnu Nagar, Nanded. ...Applicant.. Versus The State of Maharashtra, through Shivaji Nagar Police Station, Nanded. ...Respondent... ..... Shri S.B. Bhapkar, Advocate for applicant. Shri D.V. Tele, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 07.07.2010 PER COURT: - 2 - 1] By the present application, the applicant has approached this Court for release on anticipatory bail in connection with Crime No.83/2010 registered in Shivajinagar Police Station of Dist.Nanded. 2] Heard counsel for the applicant and learned A.P.P. for the State. Perused the papers of investigation till carried out. 3] It is not under dispute that the deceased in this case by name Kusumlata got married with the applicant on 25.11.2003. In the early hours of 9.4.2010, she sustained burn injuries and accordingly a phone call was received by the complainant – father of the deceased, from the present applicant on 10.4.2010. The complainant and applicant both are residents of Uttar Pradesh, but the applicant is residing with his children and the deceased at Nanded as he is serving in Railways. There are allegations in the complaint that the applicant and his other family members are harassing the deceased on the count of illegal demands. It is informed across the Bar that in-laws and other relatives, who are roped in this offence by virtue of the present complaint, are already released on bail. Relying on the dying declaration recorded immediately after the deceased was admitted in the Civil Hospital at Nanded, where she has stated that she sustained burn injuries while preparing the food. 4] Even though in the dying declaration, the deceased had made the statement - 3 - that she sustained burn injuries while preparing the food. The time alleged in the incident will play a very vital role in this case. The time alleged in the incident is 00-30 hours of 9.4.2010. Immediately after the deceased was admitted in the hospital, ADR was recorded vide MLC No.1328/2010 and thereafter on the same day, spot where the incident occurred was inspected by the Police from Shivajinagar Police Station of District Nanded, but did not find any articles in which food was prepared, partly or fully, but only found two bottles containing a liquid substance smelling diesel / kerosene. Thus, one fact is clear that the statement of the deceased is not corroborated from the articles found at the spot. 5] It is contended across the Bar that after receipt of message by the complainant about the deceased having sustained burn injuries, he came to Nanded and from there, the deceased was taken for further treatment to Agra in Uttar Pradesh where she was treated in Pushpanjali Hospital where she succumbed to death on 13.4.2010. The fact can not be disputed that the death of deceased occurred due to burn injuries. This incident occurred in the matrimonial house where the applicant and the deceased were residing. Even though it is vehemently urged across the Bar, relying on the dying declaration recorded of the deceased immediately after her admission in the hospital that she sustained injuries while cooking the food, but considering the time of the alleged incident and the articles found at the spot, they do not support the dying declaration. If the death of the deceased in the matrimonial house has occurred, it is for the applicant to explain as to how the deceased sustained injuries. To find out the truth, - 4 - custodial interrogation of the applicant is required. No case made out to release the applicant on bail. The application is sans any merits. The same is rejected. (A.V. Potdar, J.) ndk/cr771030