1 criapln3049-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3049 OF 2011 WITH CRIMINAL APPLICATION NO.3285/11 1] Shantaram Narayan Patil 2] Gotu @ Ashok Shantaram Patil .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri Joydeep Chatterji, Adv.for applicants. Shri S.G.Nandedkar,APP for R-State. S/Shri H.H.Padalkar and A.S.Joshi,Adv.for complainant ... CRIMINAL APPLICATION NO.3071/2011 WITH CRIMINAL APPLICATION NO.3284/11 Rajendra s/o Pandharinath Patil .. APPLICANT Vs The State of Maha. .. RESPONDENT ... Shri N.L.Choudhari,Adv.for applicant Shri S.G.Nandedkar,APP for respondent. ... 2 criapln3049-11 CORAM : T.V.NALAWADE,J. DATE : 27/07/2011 ORAL ORDER: 1] Both these applications are filed for bail in Crime No.11/2011 registered in Marwad Police station, Dist.Jalgaon for offences punishable under Sections 302, 143, 147, 457, 448, 452, 427, 323, 504 of I.P.C. Advocates of applicants from both proceedings are heard. Papers of investigation were made available. Adv.Shri H.H.Padalkar and Adv. Shri A.S.Joshi have filed appearance for complainant and they are granted permission to assist APP. 2] Advocate for applicant no.2 from proceeding no.3049/11 submitted that he is not pressing application for applicant no.2 Gotu and so his application stands disposed of as not pressed. 3] Crime is registered on the basis of dying declaration of one lady Sangita. The incident took place on 18/2/2011. On the previous day, Gotu who is a nephew of the husband of the deceased had come to the house of the deceased in the night time and he had behaved in indecent manner with her when her husband was not at home. This lady then contacted her brother and father and they came to the village of the deceased. There was some quarrel between these 3 criapln3049-11 relatives of the deceased on one side and relatives of Gotu on other side. 4] After the quarrel, it is alleged that the applicants gathered infront of the house of the deceased. In the first dying declaration, deceased has made allegations that accused Sudam, Raju and Bapu entered her house and then, Sudam poured kerosene on her and he set her on fire. In the second dying declaration, which was recorded at 12.40 hrs. deceased has made allegations that all the 3 persons like Sudam, Raju and Bapu set her on fire after pouring kerosene on her person. The third dying declaration was recorded at 4.15 hrs. on 19/2/11, in which she has made allegations against only Sudam that he set her on fire after pouring kerosene on her person though other participated in the incident of quarrel. 5] There are statements of eye witnesses. One witness like Ganesh Patil has made allegations against Gotu and Sudam that they had pulled deceased out of house and then Sudam had set her on fire. Advocates of the applicants pointed out statements of relatives like mother in law of the deceased, in which, indication is given that it is case of suicide. This record cannot be considered at this stage as there are 3 dying declarations of the deceased. There are similar statements of husband of the deceased also indicating the possibility of suicide. 4 criapln3049-11 6] The police papers show that the main allegations are against one Sudam and the incident started due to Gotu. In these circumstances, this Court holds that bail can be granted to applicant no.1 Shantaram Narayan Patil in Criminal Application No.3049/11 and the applicant Rajendra Pandharinath Patil in Criminal Application No. 3071/11. 7] So Criminal Application No.3049/11 is partly allowed. Applicant No.1 Shantaram Patil is to be released on bail in Crime No.11/2011 registered in Marwad Police station, Dist.Jalgaon for offences punishable under Sections 302, 143, 147, 457, 448, 452, 427, 323, 504 of I.P.C. on his furnishing PR & SB of Rs.15,000/-. He is not to tamper with prosecution witnesses. 8] Applicant Rajendra Patil in Criminal Application No.3071/11 is to be released on bail in Crime No.11/2011 registered in Marwad Police station, Dist.Jalgaon for offences punishable under Sections 302, 143, 147, 457, 448, 452, 427, 323, 504 of I.P.C. on his furnishing PR & SB of Rs.15,000/-. He is not to tamper with prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln3049-11 5 criapln3049-11