1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.434/2011 Siddhartha Chandu Athawale Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. H. R. Dhumalre, Advocate for the applicant. Mr. C. N. Adgokar, A.P.P. for the respondent. CORAM : U.V. BAKRE, J. DATED : 20/08/2011. 1] Heard. 2] I have perused the material before me. 3] The applicant along with two others namely Sarubai Athawale and Janardhan Athawale have been charged for offence punishable under Sections 498-A and 302 of the Indian Penal Code. 4] Though the written complaint lodged by Laxman Khandare, the father of the deceased Jayashree reveals that all the three accused persons had physically and mentally harassed her for bringing money from her father and had poured kerosene on her and set her on fire, however, he is not an eye-witness to the said facts. Various other records namely statement of one Shri Premkumar Maroti Bhogale, the written dying declaration of the deceased as also statements of some other witnesses, prima facie, reveal that the applicant was not present in the house where and when the incident occurred. It is prima facie seen that the main accused 2 involved in the alleged murder is Sarubai Athalwale i. e. mother-in-law of the deceased. 5] It is seen that co-accused namely Janardhan Athawale has already been released on bail. 6] The present applicant was arrested on 14.4.2011, more than four months have passed and he is still in judicial lock up. The charge-sheet has already been filed in the matter. 7] Looking to the facts and circumstances of the case and the fact that the co-accused Janardhan Athawale has been released on bail, I am of the view that the present applicant is entitled for bail. 8] Hence, the application is allowed. The applicant shall be released on bail in Police Station Khandala Crime No.17/2011 for offence punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, upon execution of personal recognition bond of Rs. 15,000/- with one solvent surety in the like amount under the condition that he shall not tamper with the prosecution witnesses and shall not leave India without prior permission of the Trial Court. 9] Hamdast granted. JUDGE Ambulkar.