Cri. Appln. No. 2957/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2957 OF 2011 Maula s/o. Fakruddin Shaikh, R/o. Gawandi Galli, Udgir, Tq. Udgir, Dist. Latur. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. N.B. Suryawanshi, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 27th July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 163/2011 registered in Udgir (Rural) Police Station for offences punishable under sections 302, 498-A, 34 etc. of IPC. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of dying declaration of daughter in law of the present applicant. She was given in marriage to son of the applicant in the year 2002 and she has left behind one son aged about 7 years. In the dying declaration, she has made allegations that she was treated well for about 6 months and after that the demand of Rs. 50,000/- was made by the husband and the present applicant and to force this demand, they used to give illtreatment to her. She has made Cri. Appln. No. 2957/11 2 allegations that the applicant and her husband were giving beating to her and they were starving her etc. 3. Incident took place on 19.11.2010. In the dying declaration, she has contended that at about 8.30 pm her husband started giving beating to her and when she started shouting, the husband took can of kerosene and started pouring it on her person. She has made allegation against the applicant/father in law that he had held her at the relevant time and then husband set her on fire after lighting match stick. She has contended that after setting her on fire, both the husband and father in law ran out of the house. She has contended that she has tried to extinguish the fire and the neighbours called her relatives by contacting them on phone. 4. The police papers include the statements of the relatives of the deceased from parent’s side and all the statements show that the neighbours had called the relatives to the spot. The incident took place at about 8.30 pm. As there are specific allegations against the present applicant that he had held the deceased and the husband had poured the kerosene on her person and set her on fire, it can be said that there is sufficient material to make out the prima facie case for offence punishable under section 302 r/w. 34 of IPC. 5. The advocate of the applicant argued that the husband is released on bail by the Judicial Magistrate, First Class in view of the provisions of Cri. Appln. No. 2957/11 3 section 167 (2) of Cr.P.C. He submitted that as the husband is released on bail, the present applicant needs to be released. The husband is released on technical ground and due to statutory provisions under section 167 (2) of Cr. P. C. and so, this Court holds that the said circumstance cannot be used as the ground of parity in the present proceedings. 6. The advocate of the applicant has produced some record like copy of ration card to show that the applicant is living at Gavandi Galli, Udgir. It was submitted that the police papers show that the place of residence of husband is Jalkot Road, Udgir. In arrest panchanama, this circumstance is mentioned. But, when there are specific allegations against the applicant, this circumstance cannot be considered at this stage. Further, it was submitted that the husband of the deceased was living separate, but separate ration card was not prepared and so the names are shown in the same ration card. All these things need not to be considered at this stage. So this Court holds that the relief cannot be granted to the applicant and the application stands rejected. 7. These observations will not come in the way of Trial Court while deciding the case. [ T. V. NALAWADE, J.] ssc/criapln2957.11