3. cr appa 930­10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 930 OF 2010 IN CRIMINAL APPEAL NO. 184 OF 2010 1. Sou. Sayarabanu Mainuddin Shaikh ] 2. Mainuddin Rukmoddin Shaikh, ] 3. Jainoddin Mainoddin Shaikh, ] 4. Sou. Nilofar Saifan Shaikh ] Applicants Vs The State of Maharashtra ] Respondent Mr. Amin Solkar for the Applicants Ms. M.H. Mhatre, APP for the State CORAM : D.D. SINHA AND SMT. V.K. TAHILRAMANI, JJ DATE : 23rd NOVEMBER, 2010. P.C.: 1. Heard the learned counsel for the applicants. At the outset, learned counsel for the applicants states that so far as applicant no. 4 - Nilofar Shaikh is concerned, he seeks permission to withdraw her bail application at this stage with liberty to approach the Court if the Criminal Appeal is not heard finally within the reasonable time. 1 3. cr appa 930­10.doc 2. The learned counsel for the applicants has submitted that in the instant case, applicant nos. 1, 2 and 3 were on bail during the course of trial and they did not misuse the liberty granted to them. It is further contended that even otherwise, so far as the evidence of dying declaration Exh 22 recorded by the Executive Magistrate PW 2 is concerned, the deceased specifically and otherwise implicated only applicant no. 4 - Nilofar. According to the dying declaration, present applicant no. 4 poured kerosene on the person of the deceased and set her on fire. So far as other applicants are concerned, the dying declaration Exh 22 is completely silent. The learned counsel for the applicants further contended that similar is the situation so far as dying declaration Exh 42 is concerned. 3. The learned counsel for the applicants has submitted that considering the evidence on record, applicant nos. 1, 2 and 3 have made out the case of grant of bail. 4. The learned Additional Public Prosecutor has submitted that the case of the prosecution is based on two dying declarations recorded by PW 2 Lata and PW 11 Gaikwad respectively. It is submitted that both the dying declarations are corroborated by the medical evidence. It is contended that it is the case of the prosecution that the 2 3. cr appa 930­10.doc applicants poured kerosene on the deceased and set her on fire and as per the medical evidence, the deceased suffered 98% burn and succumbed to burn injuries. The learned Additional Public Prosecutor, however, has not disputed that in both these dying declarations the deceased implicated applicant no. 4 - Nilofar and according to the deceased, she poured kerosene on her person and set her on fire. It is submitted that there is no material to show that the applicants have misused the bail granted to them. 5. We have considered the contentions canvassed by the respective advocates. In the instant case, it is not in dispute that the applicant nos. 1, 2 and 3 were on bail during the course of trial and there is no material available on record to show that any of them have at any point of time misused the liberty granted to them. Taking into consideration the fact that applicant nos. 1, 2 and 3 did not misuse the liberty coupled with the text of dyeing declaration Exh. 22 and 42, we are of the view that the case is made out by applicant nos. 1, 2 and 3 for grant of bail, hence the following order: O R D E R 1. Liberty to withdraw the bail application of applicant no. 4 - Nilofar Shaikh is granted with liberty as prayed for and therefore, the same is disposed of 3 3. cr appa 930­10.doc accordingly. 2. Applicant nos. 1 to 3 i.e Sayarabanu Mainuddin Shaikh, Mainuddin Rukmoddin Shaikh, and Jainoddin Mainoddin Shaikh be released on bail subject to furnishing PR bond of Rs. 20000/- [ Rs. Twenty Thousand Only ]each with one surety in the like amount. Criminal Application disposed of. [SMT. V.K. TAHILRAMANI, J.] [ D. D. SINHA, J ] 4 3. cr appa 930­10.doc 5