{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3628 OF 2009 Sanjay @ Sanjiv s/o Pandurang Vanne APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Sachin Deshmukh, Advocate for applicant Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 26 th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.42/2005 registered with Shirur Anant Pal police station for an offence punishable u/s 302 and 436 of the Indian Penal, as the investigation is over in this case and the charge sheet is filed before the competent court of law. 2. Heard learned counsel for the applicant followed by the learned APP. {2} 3. This application appears to be moved mainly on two grounds; firstly, as the investigation is over and charge sheet is filed, there are no chances of applicant’s tampering of witnesses and secondly, the applicant is suffering from heart ailment and requires medical treatment. 4. Application is opposed by the learned APP. 5. So far as first ground is concerned, perusal of investigation papers reveal that the alleged incident took place on 5 th April 2009 when this application had visited the hut of the victim Archana, at that time he had consumed alcohol and after a quarrel, he took kerosene from the stove and poured the same on the person of Archana and set her on fire. It is also alleged that he had also sprinkled kerosene on the hut and also set the hut on fire. The said act attributed to the applicant indicates the intention of the applicant that in case she survives from her burn injuries then she has to be caught in the fire of the hut. The statements of eye witnesses, recorded within hours of the incident, go to show that there is direct nexus between the role played by the applicant and the injuries sustained by the victim, resulting into her death. 6. Now coming to the second ground of ill health on which bail is prayed for, it is the duty of the jail authorities to provide all possible medical help to the under trial prisoner. If the medical aid provided to the under trial prisoner is not sufficient, {3} then the jail authorities may move application before the competent court to seek directions in respect of medical treatment to be provided to the under trial prisoner. On query, it is informed that no representation is preferred before the jail authorities to provide medical treatment to the applicant. In absence of following this procedure, the applicant cannot seek bail on the ground of ill health. 7. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln3628-09