1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3531/2009 [ Amol Pundlikrao Gaikwad - .vrs.- State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. V.M.Deshpande, Advocate, for applicant, Mr. D.P.Thakare, , APP for respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 14, 2009. Heard. The prayer for a direction under Section 438 of Cr.P.C made by the applicant/accused apprehending arrest in connection with Crime No. 503/2009, registered on 27.10.2009 with Police Station Wardha for offence under Section 306, 498A, regarding the incident which had occurred on 21.10.2009, in which victim Sangita, married with applicant in the year 2003, had burnt herself by pouring kerosene on her body, is objected by the learned APP on the ground of involvement of the applicant for the offence alleged being borne out by the first information report, statement of witness i.e. son Dadu of aged 5 years and also relatives of the complainant and investigation being in progress and the prosecution apprehends the evidence getting tampered in the event of release of the applicant on bail and the applicant being absconding after 2 his discharge from the Hospital. The perusal of the case diary clearly supports the submissions of learned counsel for the applicant that the material regarding the cruelty to the victim is not flowing from any direct statement made by the victim prior to her death and on the contrary, her dying declaration recorded does not implicate the applicant. Similarly, the perusal of the charge sheet also supports the submission of learned counsel for the applicant that the possibility of false implication cannot be ruled out inasmuch as inspite of the incident having occurred on 21st October, 2009, the report about the same was given to the police after about 6 days i.e. on 27th October 2009. His another submission that even the recital in the F.I.R does not reveal that the victim has implicated the present applicant and on the contrary, it reveals that immediately the information of an incident was passed over to the relatives of the deceased. Having regard to the aforesaid character of the material collected by the investigating agency, learned APP having not refuted submissions of learned counsel for the applicant that applicant was injured in process of extinguishing fire for saving wife, applicant has made out a case within the parameters of Section 438 of Cr.P.C even accepting that the applicant has not readily made himself available to the police as abscondance can occur for many other reasons other than guilt of concern. Hence, the order. 3 The Investigating Officer of Crime No. 503 of 2009 of Police Station Wardha is hereby directed that in the event of arrest of the applicant in connection with the said crime, he shall be released on anticipatory bail uptill submission of charge sheet in the said crime subject to his furnishing a P.R.Bond in the sum of Rs. 30,000/- with one solvent surety in the like amount and subject to the conditions that applicant shall; (i) make himself available for interrogation by the Investigating Officer every day for first 15 days and thereafter as and when called by the I.O by sending SMS on the mobile number to be furnished to the I.O; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of crime under the investigation for dissuading the said person from disclosing the facts within his knowledge to the investigating Officer (iii)not leaving the residential address mentioned in the application without the permission of this Court; (iv)not committing any offence while being on bail granted by this order. Liberty to the prosecution in accordance with law to apply for cancellation and/or modification of the protection granted to the applicant. Application stands disposed of. Hamdast granted. 4 In view of disposal of the main application, Criminal Application No. 381/2009 also stands disposed of. JUDGE Rvjalit