1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2790 OF 2010 Shashikala Maruti Walke, Age-67 years, Occu-Nil, R/o.Ukkhalgaon, Tq.Shrigonda, Dist. Ahmednagar APPLICANT VERSUS 1. The State of Maharashtra 2. The District Supdt.,of Police, Ahmednagar, Dist. Ahmednagar RESPONDENTS Mr.A.B.Gatne, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 30/07/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for her release on anticipatory bail, in the event of her arrest in connection with CR No.218/2010, registered in Shrigonda Police Station of Dist. Ahmednagar. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. Present applicant is the mother in law of deceased Sima. On perusal of the papers of investigation, particularly the complaint lodged by the mother of deceased Sima, it appears that Sima got married with Vikram Maruti Walke, prior to 11 years of incident. There are allegations that deceased was harassed by her husband and in laws on the count of non satisfaction of the illegal demand. The incident in question, for which the complaint was lodged, was occurred in the early hours of 19/06/2010, as it is alleged that the complainant received the information from one Sunil that deceased was admitted in the Sonar Hospital, Ahmednagar, by the son in law of complainant. On receipt of this infomation, complainant reached in the hospital, where the deceased was found under medical treatment. She inquired her daughter, as to what wrong was happened with her. At the time, the deceased informed that because of non satisfaction of illegal demand of Rs.50,000/-, the mother in law, and sister in law caught hold her legs, and father in law and her husband forcibly administered poisonous substance to her, due to which, she was admitted in the hospital. The statement was made across the bar that while the deceased was admitted in the hospital and expired in the same evening while under medical treatment, she was never conscious and in a position to give any statement to anybody. The fact which is disclosed in the complaint, is amount to oral dying declaration. As the medical papers were not available with learned APP, the application was kept back with a direction to produce the medical papers of the deceased. Photo copies of papers of medical treatment provided to the deceased as an indoor patient 3 were made available to this Court. These papers indicates that since the deceased was admitted in the hospital, till she was expired, she was not conscious at any point of time. If the deceased was un- conscious in the hospital till her death, there is no possibility that she may give any oral dying declaration to anybody. Hence the apprehension of the applicant is genuine. In the result, following is the order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 218/2010, registered in Shrigonda Police Station, she be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. The applicant to give attendance to Shrigonda Police Station, if required on written intimation by the concerned Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2790-10