1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 167 /2010 [(1) Jayaram s/o Masa Jadhav and another vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R K Tiwari Adv. for applicants Mr Dhote, APP for respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 25, 2010. Heard. 2 Although accusations are grave, the main accusation is against the accused Govinda, who allegedly attempted to outrage the modesty of the victim. On the day of the incident, it is alleged that he brought kerosene, poured it over the body of the victim and ignited with the help of a matchstick and set her ablaze. It is alleged that in the course of investigation certain dying declarations were recorded. According to learned APP the applicants were imputed a role that they instigated the incident. Learned Advocate for the applicants also invited my attention to exculpatory material which appears to have been collected in the form of statement of one Meera by investigating agency which indicates that victim was cooking all alone in the house when she shouted “Save me”; witness Meera saw that victim Priyanka was coming out of the hut engulfed in fire ; while Dayaram Jadhav etc, had ran towards her 2 and extinguished the fire. In the earliest version, according to Meera, deceased had informed her that she was cooking alone and her saree caught fire. Later fire was extinguished and she was taken for medical treatment at Malkapur by her husband and brother-in-law. According to dying declaration since family members did not pay heed to the complaint of molestation by Govinda the victim had poured kerosene on herself while Govind had set her on fire at the instigation of others; while according to learned APP in the first dying declaration Govinda was imputed with role of pouring kerosene and setting her ablaze. Thus, there appear contradictory versions regarding the role of the accused sought to be implicated in the case as against the present applicants. No active role has been attributed of pouring kerosene on the body of the victim and setting her on fire. 3 For all these reasons, the applicants are entitled for conditional bail. Hence the following order: The applicants be released in respect of Crime No. 82/2009 registered at Malkapur Police Station, Dist. Buldana for offence punishable under sections 302, 354, 34 of the Indian Penal Code, upon executing a PR bond in the sum of Rs. 30,000/- each, with one or more sureties in the equal amount to be provided by each of them. They shall attend the trial on each date of hearing. They 3 shall inform their permanent address with Phone/Cellphone number to the I.O. as well as the Presiding Officer of the Court. They shall not tamper with the prosecution evidence in any manner. Application is disposed of accordingly. Humdast granted. JUDGE sahare