1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4042 OF 2008 Samita Sadanand Salunkhe .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.P.H.Hudlikar for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-37 of 2008 of Ganeshpuri police station, Bhiwandi. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302, 504, 506 r/w 34 of IPC. It is the case of the prosecution that Sudhir, the husband of the deceased - Supriya had taken loan of Rs.50,000/- from his brother - Sadanand, the co-accused in the present case, and on that count 2 2 2 there were disputes between the two brothers. The applicant and Sadanand are husband and wife whereas the deceased was wife of Sudhir. It appears, since Sudhir did not repay the loan to Sadanand within the time, on 19.6.2008, it is alleged, the present applicant, her husband - Sadanand and her mother-in-law had a quarrel with the deceased, when she was alone at home, which resulted in the alleged incident of pouring kerosene and setting her on fire. Two statements of the deceased came to be recorded before she succumbed to the injuries. The first statement was recorded on 20.6.2008 in which she specifically stated that Sadanand poured kerosene on her person and the present applicant set her ablaze. In the second statement, which was recorded on 21.6.2008, she stated that Sadanand poured kerosene on her person, her mother-in-law and the present applicant pushed her in the house, and thereafter, Sadanand set her on fire. In view of the inconsistency in the statements of the deceased insofar as setting her on fire, it creates doubt whether the applicant set the deceased on fire. Keeping that in view and considering that the applicant is a mother of two small children I am inclined to release her on bail. Hence the following order: 3 3 3 . The applicant be released on bail in the sum of Rs.20,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 10.00 a.m. to 12.00 noon till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)