1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1804 of 2010 Shaikh Jabbar Shaikh Sattar and one another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Andhera, Tah. Chikhali, Dist. Buldhana Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.B.Kalwaghe, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for respondent/State. CORAM : Prasanna B. Varale, J. DATED : 13 th Decem ber , 2010 . Heard. By the present application, the applicants are seeking their enlargement on bail in Crime No. 07/2010 registered against them and other accused persons, with Police Station, Andhera, Tah. Chikhali, Dist. Buldhana for the offences punishable under Sections 302, 498-A, 34 of I.P.C. Mr. Kalwaghe, learned Advocate for the applicants at the outset invited my attention to the first information report dated 23/1/2010. As per the said report, the applicant no.1 is the husband of the victim Shahista Parveen and applicant no.2 is her brother-in- law. They are agricultural labourers by occupation. The allegations levelled in the report are that the present applicants and other other accused Shaikh Irfan caught hold the victim when she was preparing food and the mother-in-law Nazira bi poured kerosene on her and father-in-law Shaikh Sattar ignited the match stick and put the victim on fire. On raising hue and cry the neighbourers rushed to the spot and they tried to extinguish the fire and immediately shifted the victim Shahista to Primary Health Centre, Chikhali. Though, the 2 victim was given medical treatment, unfortunately, on 03/2/2010 the victim succumbed to the burn injuries. Mr. Kalwaghe, learned Advocate for the applicant submits that in the similar set of circumstances against the present the present applicants, this court by order dated 29/6/2010 in Criminal Application No. 934/2010, has released the other accused Shaikh Irfan so also the mother-in-law and the father-in-law of the victim are also released on bail. Learned Advocate for the applicants submitted that there is no change in the set of circumstances as alleged against the present applicants and the other accused Shaikh Irfan, who is released on bail. Learned Advocate further submitted that though, the nature of allegations and the role attributed to the mother-in-law and father-in-law of the victim is serious in nature, this Court considering the material, enlarged them on bail. He, therefore, submits that, in view of these facts, the applicants are also entitled to be released on bail on the ground of parity. Per contra, Mr. Bhagade, learned APP for the State has filed the reply and strongly opposed the application on the ground that the offences registered against the applicants are serious. He further submitted that the victim was seriously injured because of the burn injuries to the extend of 63%. The statements are also recorded by the investigating agency. In the statement of one Shehnaz Parveen, it is stated that the applicants played major role in the crime. I have perused the said statement, which reveals the similar facts as revealed in the report. It is not in dispute that the other accused Shaikh Irfan, against whom similar set of circumstances are alleged, is released on bail. It is also not in dispute that the applicants were arrested on 22/1/2010 and since then they are behind the bars i.e. for more than 11 months. Admittedly, the investigating agency has concluded the 3 investigation by filing final report. Hence, there is considerable merit in the submission of learned Advocate for the applicants that no fruitful purpose would be served by keeping the applicants behind the bars for indefinite period when the investigating agency has collected all the material. In view of the material on record and in view of the fact that this court has already released the co-accused Shaikh Irfan in the similar set of circumstances, I am of the opinion that prima facie case is made out by the applicants. In the result, the application is allowed. The applicant nos.1 and 2 be released on bail on furnishing P.R. bond of Rs.20,000/- each (Rupees Twenty Thousand only) with one solvent surety in the like amount by each applicant, on the following conditions. a] The applicants to cooperate with the investigating agency and attend the police station, Andhera, Tah. Chikhali, Dist. Buldhana as and when called by the police. b] The applicants shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicants to submit their residential address and contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicants is moving out of the area of police station, Andhera, Tah. Chikhali, they shall inform the police station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale