(1) CRI. APLN. 4922.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4922 OF 2010 1. Shantilal Ashok Mhaske 2. Dattu S/o Ashok Mhaske APPLICANTS VERSUS The State of Maharashtra and anr. RESPONDENTS AND CRIMINAL APPLICATION NO. 4923 OF 2010 Suman Ashok Mhaske APPLICANT VERSUS The State of Maharashtra and anr. RESPONDENTS ..... Mr. V.N. Damle, Advocate for the Applicants. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 30TH NOVEMBER, 2010 ORAL ORDER:- 1. These are Applications under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocate Mr.Damle for the applicants. (2) CRI. APLN. 4922.2010+1 3. The alleged incident occurred on 12.11.2010 on account of a quarrel between deceased Smt. Bhagubai Mhaske and the applicants. The incident occurred around 4.00 pm. The applicants are related to the deceased. It appears from the FIR that the applicant-Suman objected removal of firewood by deceased-Bhagubai from the place which is in between houses of the parties. She suspected that deceased-Bhagubai was digging a nali (drain) and, therefore started abusing. It is alleged that the applicants thereafter came to the spot and pushed Bhagubai to the ground and applicant-Sumanbai poured kerosene on her person. It is alleged that applicant no.1-Shantilal struck a match stick and set on fire to the person of deceased-Bhagubai. 4. It is contended by learned Advocate for the applicants that the applicant no.2-Dattu is not involved in the alleged offence because no role is attributed to him in the context of the incident of causing burns to deceased-Bhagubai. It is therefore submitted that applicant-Dattu may be granted the protection under section 438 of the Cr.P.C. It (3) CRI. APLN. 4922.2010+1 appears that deceased-Bhagubai received severe burns and later-on died. The FIR is registered on basis of her dying declaration recorded by the Police. It further appears that her subsequent dying declaration was recorded and she named the applicants on both the occasions. The dying declarations were recorded by Special Executive Magistrate Shri P.B. Ghule on 13.11.2010. At this juncture, it is not necessary to examine the veracity of the statement of deceased- Bhagubai by comparing the dying declaration recorded by the Police and one which is recorded by the Special Executive Magistrate. It suffices to mention here that all the applicants are named as the persons who assaulted the deceased-Bhagubai and pushed her down to the ground. The investigation is not yet completed. The applicants have eluded arrest so far. 5. Considering the reasons and the charge levelled against the applicants and prima facie evidence regarding their involvement in the alleged assault of deceased-Bhagubai, the Applications are destitute of substance. Even in respect of applicant-Dattu, I do not find any substantial reason to grant bail to him. (4) CRI. APLN. 4922.2010+1 Both the Applications are dismissed. The observations in the order be not considered in any other matter as they are restricted only to these Applications and are rendered on prima facie evaluation of the recitals of the F.I.R. without going into the other material from the investigation papers. Sd/- [V. R. KINGAONKAR, J.] arp