FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3913 OF 2011 KISAN NARAYAN BENGAL AND ANR VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Jadhavar Santosh S. AGP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 22, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. At the outset, after hearing the learned counsel for the parties, extensively, Mr. Jadhavar advocate for applicants, on instructions seeks leave to withdraw present application in respect of applicant No.2- Santosh Kisan Bengal. In view of said submission, leave granted and present application stands dismissed as withdrawn in respect of applicant No.2- Santosh. 3. As regards applicant No.1, Kisan Narayan Bengal, he has preferred present application, seeking regular bail in connection with Crime No.I-19/2011, registered with Sengaon Police Station, District Hingoli for the offences punishable under sections 302 and 323 r/w/ 34 of Indian Penal Code. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 4. It appears that offence has been registered on the basis of the dying declaration given by the victim Archana Ankush Bengal on 19.3.2011. It is alleged in the said dying declaration that about 8.00 a.m. on 19.3.2011 complainant Archana (now deceased) was at her residence, and her husband Ankush assaulted her, asking her why she did not attend the field. Thereafter, applicant No.1 who is her father-in-law and prayagbai her mother-in-law and co accused Santosh Bengal her brother-in-law abused her and applicant No.1 herein and Prayagbai brought a can of rockel and poured the same on her person and her husband lit the match stick and set her ablazed. It is also alleged that co-accused Santosh and his wife Usha caught hold of her arms and legs at the same. Accordingly, victim Archana sustained burn injuries and, thereafter, she was removed to the hospital by the applicants herein. 5. Initially, offence was registered under sections 307, 323 read with section 34 of Indian Penal Code. However, subsequently, victim Archana expired on 23rd March, 2011, and hence, offence was converted into Sections 302, 323 read with Section 34 of Indian Penal Code. 6. Apparently, as mentioned herein above, there is dying declaration of victim Archana, as well as, statements of witnesses and medical evidence showing complicity of the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders applicants in the commission of the crime which is a serious offence. Accordingly, post mortem notes discloses that victim Archana sustained 96% burns and her cause of death is 'Septicemia due to burns'. 7. However, role attributed to the applicant No.1 Kisan and his wife Prayagbai is almost similar in the occurrence of the incident and it is pointed out that Prayagbai has been enlarged on bail, by this Court by order passed on 17.8.2011, and hence, principle of parity requires that applicant No.1 Kisan also deserves to be enlarged on bail. Moreover, it is further submitted by the learned counsel for the applicants that applicant No.1 Kisan is a old person aged about 77 years and therefore, urged that his application be considered sympathetically. 8. Having comprehensive view of the matter, and since, investigation has been completed and charge sheet has been filed, and considering the position that co-accused Prayagbai whose role is almost similar to the applicant No.1 Kisan herein has been enlarged on bail by this Court, and since the applicant herein is a old aged person of about 77 years, his application also deserves to be considered for grant of bail, but on certain conditions. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 9. In the result, present application is allowed partly to the extent of applicant No.1 namely Kisan Narayan Bengal and it is directed that said applicant No.1 Kisan Narayan Bengal be released on bail, in connection with Crime No.19/2011, registered with Sengaon Police Station, District Hingoli, on his furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- i) After release on bail, the applicant No.1 Kisan Narayan Bengal shall give attendance before the Trial Court once in a quarter. ii] The applicant No.1 Kisan, shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 10. However, the application of applicant No.2 Santosh Kisan Bengal stands dismissed as withdrawn as aforesaid and stands disposed of finally. 11. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***