IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 4241/08 (Dadarao Khanande & 2..vs. State of Maharashtra.) CRIME NO. 36/2008/ P.S. WALGAON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 6 th May, 2009 Heard Shri Patil Advocate for the applicants and Shri Thakre APP for state. The deceased Nalini died due to burn injuries on 8.5.2008. It is the case of the prosecution that because of family dispute the applicants had set fire to her. Whereas, it is the case of the applicants that the deceased had set fire to herself and committed suicide. Learned counsel for the applicants pressed into service the statement of the husband of the deceased which was recorded on 30.4.2008 which is to the effect that due to quarrel deceased had set fire to herself. Prosecution has relied on the evidence of dying declaration of the deceased dated 28.4.2008. Her statement was recorded on 29.4.2008. In both dying declaration and the statement, she clearly implicated the applicants for the incident. No doubt the applicants are in jail for more than one year, that fact by itself will not entitle the applicants for bail, particularly in view of the report of the learned Sessions Judge that the trial can be completed within a period of four months. However, as regards the applicants no.2 & 3, as they are ladies and they are in jail since considerable time and as the allegations against the applicant no.1 are in specific, that he by matchstick set fire to the deceased, only applicant no. 2 & 3 would be entitled for bail. In these circumstances, application is partly allowed. The application so far as it relates to applicant no.1, is rejected. However, each of the applicants no.2 & 3, be released on bail on furnishing surety and PRB of Rs.15000/- subject to conditions that they shall attend the trial regularly and shall not tamper with the prosecution evidence. Application stands disposed of. Bail in trial court. It is made clear that above observations are in prima facie view of the matter. As such they shall not influence the learned trial Judge while deciding anything on merits. JUDGE SMP