1 cri3943.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3943 OF 2011 1. Swarthabai Manel Kedari 2. Kaushalyabai Manel Kedari 3. Sarika Santosh Dhobale ..Applicants ­VERSUS­ The State of Maharashtra ..Respondent ..... Mr. D.G. Nagode, Advocate for applicants Mrs. R.K. Ladda, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant nos.1 to 3 seeking anticipatory bail apprehending their arrest, in connection with C.R. No. I­94/2011, registered at Sonai Police Station, Tq. Newasa, Dist. Ahmednagar, for the offences punishable under Sections 307, 498A r/w 34 of the Indian Penal Code. 3. It appears that the crime has been registered on 2 cri3943.11 15th July, 2011, on the basis of the statement of the victim namely; Arti Prakash Kedari recorded by the police personnel on 13th July, 2011. Admittedly, the applicant no.1 is the elder mother­in­law of the said victim and applicant no.2 is the younger mother­in­law of the victim and applicant no.3 is the sister­in­law of the victim. 4. On perusal of the contents of the F.I.R., which is registered on the basis of the statement recorded by the Police Personnel, although the names of the applicants have been reflected therein, it appears that no specific role/overt act has been attributed to them and it is alleged that although the applicant nos. 1 to 3 were present in the house when the victim's husband Prakash poured the kerosene on her person and set her ablazed, they did not make effort to extinguish the fire, and on the contrary, stated that she should die since she did not bring money, and not beyond that. It is alleged omission on the part of the applicants, not to extinguish the fire when they were present at the time of occurrence of incident. 3 cri3943.11 5. Admittedly, the said victim Arti sustained 48% burns and it is reported that she has been discharged from the hospital on 3rd July, 2011. It is significant to note that although the aforesaid incident occurred on 1st May, 2011, the statement of the victim came to be recorded by the Police Personnel on 13th July, 2011 and the F.I.R. came to be registered on 15th July, 2011 i.e. after the substantial delay of almost two and half months and apparently, no explanation has been given in that respect. 6. In the circumstances, considering the accusations made against the applicant nos. 1 to 3 and the nature and gravity thereof, apparently, there is no necessity of custodial interrogation of the applicant nos. 1 to 3, and therefore, the interim anticipatory bail granted to applicant nos. 1 to 3 on 15th September, 2011 deserves to be made absolute, but on certain conditions. 7. In the result, the present application is allowed and the interim anticipatory bail granted to the applicant nos. 1 to 3 on 15th September, 2011 stands 4 cri3943.11 confirmed on the following conditions : (i) The applicant nos. 1 to 3 shall give attendance before the concerned Investigator, once in a week i.e. on every Monday between 3 p.m. to 5 p.m., till the filing of the charge sheet, and shall cooperate in the investigation. (ii) The applicant nos. 1 to 3 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 9. The present Criminal Application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3943.11