cra3114.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3114 OF 2011 1) Harishchandra s/o Ganpat Chavan, Age-75 years, Occu:Agri., 2) Janabai w/o Harishchandra Chavan, Age-70 years, Occu:Household, Both R/o- Savda Pragane Chandsar, Tq-Dharangaon, Dist-Jalgaon. ...APPLICANTS. VERSUS The State of Maharashtra. ...RESPONDENT. ... Smt.Sadhana S. Jadhav Advocate for Applicants. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 3RD AUGUST, 2011 PER COURT : 1. This Application is filed for bail in cra3114.11 2 C.R. No.64 of 2011 registered in Dharangaon Police Station, Dist-Jalgaon, for the offences punishable under Sections 302, 307, 498-A, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of dying declaration of one Sunanda Rajendra Chavan, daughter in law of the Applicants. The incident took place on 21st March, 2011. In the dying declaration, she has disclosed that there was demand of Rs.50,000/- from husband and present Applicants as they wanted to purchase house property. On the day of incident, husband started giving beating to the deceased on that count. Allegations are made that husband then poured kerosene on the person of the deceased and at that time, the Applicants were holding the deceased. The husband set fire to the deceased. 3. The first dying declaration was recorded cra3114.11 3 by A.P.I. The papers of investigation show that on 22nd March, 2011, the dying declaration was recorded through Executive Magistrate. Before Executive Magistrate, the deceased made allegations against husband that he set fire to her. She expressed suspicion against her in-laws and also sister of Applicant No.2. There is one more dying declaration, consistent with the first dying declaration, but that is also recorded by Police, as supplementary statement on 26th March, 2011. She succumbed to the injury after about one month. 4. The Advocate of the Applicants submitted that considering the aforesaid circumstances and as the Applicants have crossed the age of 70 years and there is no possibility of absconding of the Applicants, the relief may be granted. 5. In view of the aforesaid circumstances and considering age of the Applicants, this Court cra3114.11 4 holds that bail needs to be granted to the Applicants. So, the Criminal Application is allowed. The Applicant No.1 - Harishchandra s/o Ganpat Chavan and Applicant No.2 - Janabai w/o Harishchandra Chavan, are to be released on bail in C.R. No.64 of 2011 registered in Dharangaon Police Station, Dist-Jalgaon, for the offences punishable under Sections 302, 307, 498-A, 34 etc. of the Indian Penal Code, on their furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand), each. They are not to tamper with the prosecution witnesses and they are not to enter the village of the parents of the deceased. [T.V. NALAWADE, J.] asb/AUG11