1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4102 OF 2009 Ashok S/o.Hari Gaikwad, Age-22 years, Occu-Agriculturist, R/o.Borala, Tq. And Dist. Hingoli APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Sachin Deshmukh, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 08/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.55/2009, registered in Hingoli Police Station, Dist. Hingoli for an alleged offence punishable u/s. 302, 498A r/w.34 of IPC as the investigation in the said CR is already over and charge sheet is filed in the Court of J.M.F.C. Hingoli. 2. Heard submissions of learned counsel appearing for the applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out as the investigation is over and charge sheet is filed. 2 3. Perusal of the papers of investigation particularly the post mortem notes indicate that the death is caused due to 77% of the burn injuries. Thus the fact is clear that the death is homicidal death and not a natural death. Second aspect required to be considered that this alleged incident occurred on 23/05/2009 and due to burn injuries, the victim succumbed to death on 27/05/2009. It is to be noted from the complaint as well as it is not under dispute that before the alleged incident, the victim got married with the present applicant just a month ago. If within a month after marriage, if a newly bride has to suffer the episode of bride burning then the case isto be viewed from that angle also. 4. Considering the statement of the victim herself on the basis of which FIR came to be alleged as well as her subsequent dying declaration recorded during the investigation clearly discloses that on the faithful day after she entered in the kitchen, the door was locked inside by the father in law, she was caught hold by the husband, kerosene was poured by the mother in law and set on fire by the sister in law. There can not be more brutality than this to the newly married bride to sustain the death within a period of hardly one month when she do not know what is the meaning of life. The case of the applicant can not be compared on the ground of parity as the other 3 accused were released on bail. Hence application sans any merit and stands rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4102-09