(1) CR.APP. 2238.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2238 OF 2009 Deelip S/o Shankar Joje, Age : 38 years, Occu.: Labour, R/o Khairi Nimgaon, Tq. Shrirampur, District : Ahmednagar .. Applicant Versus State of Maharashtra, (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. R.V. Gore, Advocate for the Applicant Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 17TH JULY, 2009 ORAL ORDER:- 1] At the request of Shri Joydeep Chatterji, counsel for the applicant, his appearance stands discharged. Shri R.V. Gore, Advocate appearing for the applicant to file his Vakilpatra in the Registry. 2] The applicant is accused of committing offences punishable under section 307, 498-A, 323, (2) CR.APP. 2238.2009 504 of the Indian Penal Code in crime no. 55 of 2009 of Vaijapur Police Station. The applicant is husband of the complainant. They were married for more than 7 years. They were staying separately from their families at village Vaijapur. The incident took place on 12.3.2009. It is alleged that at about 11:30 pm, the applicant first assaulted the complainant with kicks and fists and then he poured kerosene on her person and set her on fire. The complainant raised alarms and hearing it the neighbours came to her rescue. She was immediately taken to the local hospital and thereafter shifted to Shrirampur. The medical certificate shows that the complainant sustained 29% burn injuries mainly on her chest and torso. Though, the neighbours could gather around the complainant immediately after the incident, she did not disclose to them as to what had happened. She disclosed this incident first time on 18.3.2009, when her statement was recorded by the Taluka Executive Magistrate. 3] What is significant to note in this case, is that the complainant’s parents were not keeping contact with the complainant since her marriage to the applicant, who does not belong to her caste. Her parents however, came hearing the incident immediately on 14.3.2009 and then they took her from Shrirampur to a private hospital at Aurangabad. The complainant even then did not disclose this incident (3) CR.APP. 2238.2009 to her parents immediately. As said above she disclosed the incident first time on 18.3.2009 and thereafter again on 20.3.2009, her statement was recorded. 4] The applicant came to be arrested on 23.3.2009 and since then he is in custody. The investigation of the case is over and the chargesheet is also filed. I think the delay in disclosure of the details of the incident, has weakened the prosecution case to some extent and I think this would provide a ground for granting bail to the applicant. 5] The applicant is released on bail of Rs.25,000/- (Rs.Twenty Five Thousand) with one surety in the like amount. 6] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/17july9/cr2238.09