1ab-2374-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No.2374/2010 Mahadev Krishna Taur v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr V.M . Thorat, Sr. Advocate with M.V.Thorat for the applicant. Mr Y.M. Nakhawa, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 18TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending his arrest in CR No. 17/2010 registered with Madha Police Station, District Sholapur. The offences alleged against the applicant are punishable under Sections 302, 498-A read with section 34 of I.P.C. 2. Learned Senior counsel, Shri Thorat, for the applicant pointed out to this Court the contents of the alleged dying declaration of the victim woman in which it is specifically stated that about 2 days prior to the incident present applicant - her father-in-law, had left the residence and had been to Mumbai for other work. It is 2ab-2374-10 further submitted that so far as offence under section 302 read with section 34 of I.P.C.is concerned, allegedly, husband of the victim and mother-in-law of the victim were present at the home when the victim was set on fire by pouring kerosene on her on account of family dispute and alleged desire of her husband to marry another woman. It is further submitted on behalf of the applicant that charge under section 302 of I.P.C. is misplaced. Considering the specific circumstances as narrated in the F.I.R.,there is substance in this argument. At the most, the offence could be punishable u/s 498-A read with section 34 of I.P.C.that also depends on what would be the material being produced before the Trial Court during the trial. All the same, at this stage, it is submitted by learned A.P.P.that reportedly investigation is over and charge sheet has already been filed on 10-6-2010. Under these circumstances, it would be in the interest of justice to allow anticipatory bail application for a limited period till the present applicant to appear before the Trial Court and apply for regular bail. Hence the order. :ORDER: (a) Anticipatory Bail application No. 2374/2010 is allowed. In the event of arrest of the applicant in C.R. No.17/2010 registered with Madha Police Station, District Sholapur, he shall be released on bail on executing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount. (b) The protection of anticipatory bail is granted for the period of two weeks from today. By this time the applicant shall surrender before Sessions Court and apply for regular bail. Needless to mention that the Sessions/Trial Court shall deal with such application on its own merits. 3ab-2374-10 (c) With these directions anticipatory bail application is disposed of. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)