1 Criminal Application No.1284/2011 with Criminal Application No.1363/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1284 OF 2011 Majidabi Mohammad Aqueel Shaikh and another ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri B.R. Warma, Advocate for applicants Shri N.B. Patil, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.1363 OF 2011 Shabanibi D/o Mohammad Aqeel Shaikh ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri V.R. Dhorde, Advocate for applicant Shri N.B. Patil, A.P.P. for respondent ..... 2 Criminal Application No.1284/2011 with Criminal Application No.1363/2011 CORAM : K.U. CHANDIWAL, J. DATE : 13th April, 2011 PER COURT : 1. Heard finally. On instructions, Mr. Warma withdraws the application of Mohammad Aqueel Shaikh Ahmed (father-in-law of deceased), applicant No.2 in Criminal Application No.1284/2011. Permitted. 2. The matter was substantially argued on earlier date. It was adjourned to this date to enable the counsel to produce record from Rural Hospital, Dharangaon and consequently, a report dated 11.4.2011, signed by the Medical Officer is tendered concerning deceased Naseerabee w/o Sk. Jamil. The annexures to the medical report illustrate that a history of accidental burns is recorded and she had deep burns over whole body except both feet. It is a matter of record, the deceased expired the next day. 3. The dying declaration of the deceased has been critically anlaysed by both the learned counsel to project that it was a calculation by father of the deceased, to rope in the 3 Criminal Application No.1284/2011 with Criminal Application No.1363/2011 applicants. Extensive attention was drawn to the statements of the witnesses who rushed immediately after the yelling of said Naseerabee. Her husband is abroad. She had controversies with the applicants and it is alleged, the applicants set her ablaze. Specific role to the female applicants and the father-in- law is pointed. 4. During the course of submissions, Mr. Dhorde invited my attention to bonafide certificates of three kids of Mohammad Aqueel (also of applicant Smt. Majidabi). This illustrate that the three kids are school going and require attention and nursing. 5. In the light of the fact that investigation is complete, charge sheet is filed and the application is not pressed for father-in-law, further custody of the female applicants not desired. This is more so, they have no criminal record, permanent residents of the village, least chances to win over the witnesses, particularly the complainant as they are from the close relations of deceased, hail from Jalgaon. Hence order : O R D E R 4 Criminal Application No.1284/2011 with Criminal Application No.1363/2011 6. The applicant Majidabi Mohammad Aqueel Shaikh (applicant No.1 in Criminal Application No.1284/2011) and Shabanibi D/o Mohammad Aqeel Shaikh (applicant in Criminal Application No.1363/2011) be released on furnishing P.R. bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand) each. The accused/ applicants shall not influence the witnesses, shall live in the same village, shall not leave jurisdiction of Jalgaon without permission of the Court. They will surrender their passports, if any, to the investigator. The father-in-law Mohammad Aqueel Shaikh Ahmed shall not claim parity. Applications finally disposed of as above. K.U. CHANDIWAL JUDGE fmp/cri1284.11