IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.361/2008 Sk. Hanif and another ..vs.. State =================================== CORAM : S.R. DONGAONKAR, J. DATE:28.2.2008 Heard Mr. Kotwal, Advocate for applicants and Mr. Fulzele, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicants along with other co-accused i.e. father, Sheikh Ramzan have been prosecuted for the offences u/s 302, 354, 498-A r/w 34 of IPC. Allegations against them are that on 15.4.2007, said Shaikh Ramzan poured kerosene on the person of deceased Meharunnisa his daughter-in-law with bad object in his mind and set her on fire. Present accused & mother- in- law of the deceased, had assisted in commission of the offence to the said Sheikh Ramzan. It would be seen from the D.D. of the deceased that she had implicated Sheikh Ramzan in clear terms. However, she has stated that this accused had assisted in commission of the offence. Learned APP has brought to my notice the statement of said Meharunnisa wherein she has stated that the present applicant had come there when she called and then they had beaten said deceased Meharunnisa and thereafter Sheikh Ramzan poured petrol on her person and set her on fire and therefore, they are responsible for the act of committed by Sheikh Ramzan. In these circumstances of the case, as there appears no sufficient intention ex-facie on the part of the present applicants to commit murder of deceased Meharunnisa as allegedly done by Sheikh Ramzan, they would be entitled for bail, more so, they are in jail from April 2007. Case of Sheikh Ramzan is clearly distinguishable from the case of the applicants.Hence the following order. Each of the applicants be released on bail on furnishing surety and PRB of Rs.20000/- subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall attend trial regularly. Bail in trial court. It is made clear that the above observations are in prima facie view of the matte and they shall not influence learned trial Judge in any way while deciding the matter on merit. JUDGE smp.