FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3705 OF 2011 1. GANGABAI SIDDHARAM KHAJURE 2. MALLAMABAI W/O GURUBASAPPA KHAJURE. VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant(s) Mr. A.K.Gawali & Mr. Sangwikar P.D. APP for Respondent(s) Mr. B.V.Wagh. ... CORAM SHRIHARI P. DAVARE, J. Dated September 13, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. After hearing the learned respective counsel for the parties extensively, Mr. A.K.Gawali learned counsel for the applicants, on instructions, seeks leave to withdraw present application in respect of applicant No.2 namely Malamabai w/o Gurubasappa Khajure. In view of said submission, leave granted and present application stands dismissed as withdrawn and disposed of finally, to the extent of applicant No.2. 3. As regards applicant No.1 namely Gangabai w/o FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Siddharam Khajure, said applicant has preferred present application, seeking regular bail in connection with Crime No. 56/2011, registered with Murum Police station, Tq. Omerga, District Osmanabad for the offence punishable under section 302 /r/w 34 of Indian Penal Code. 4. It appears that offence has been registered on the basis of the complaint lodged by one Sharan Basappa Birajdar on 15.5.2011 i.e. brother of victim namely Mahananda, which is apparently based upon oral dying declaration made by victim to him, which reflects name of the applicant No.1- Gangabai Siddharam Khajure who is sister-in-law of the said victim and also attributes specific role to her that she poured kerosene on the person of the victim, during the occurrence of the incident. Moreover, a written dying declaration of the said victim was recorded at 08.00 p.m. by Police Personnel on 15.5.2011, which discloses name of the applicant No.1 herein and attributes specific role to her that she poured kerosene on the person of the said victim Mahananda. However, second written dying declaration which was recorded by Special Executive Magistrate at 22.00 hours on 15.5.2011, is silent in respect of the applicant No.1 herein. Pertinently, there is no whisper in the contents of the said written dying declaration in respect of the presence of applicant No.1 namely Gangabai and no specific role has been attributed to her during the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders occurrence of the incident. 5. Besides, it is canvassed that applicant No.1 Gangabai is having three children and her mother-in-law, has been granted bail by the learned Sessions Court. It is also stated that applicant No.1 was arrested on 19.5.2011 and chargesheet has been filed on 3.8.2011 and accordingly, applicant No.1 is in custody since almost about 4 months. 6. Having comprehensive view of the matter and considering the position that the applicant No.1 is a woman, having three children and since the investigation has been completed and chargesheet has been filed and since second written dying declaration dated 15.5.2011, recorded by Special Executive Magistrate is silent in respect of name of the applicant No.1, herein, applicant No.1 deserves enlargement on bail. 7. In the result, present application is allowed partly to the extent of applicant No.1 Gangabai w/o Siddharam Khajure and it is directed that said applicant No.1 be released on bail, in connection with crime No.56/2011, registered with Murum Police Station, Tq. Omerga, District Osmanabad, on furnishing P.R. Bond in the sum of Rs.20,000/-, with one surety in the like amount, on the following condition that : FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders i] The applicant no. 1 shall not influence upon the witnesses and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. Present application in respect of applicant No.2 namely Malammabai Gurubasappa Khajure has been already dismissed as withdrawn as aforesaid. Present application stands disposed of finally. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***