{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1983 OF 2010 Dnyaneshwar s/o Bhagwanrao Ugale Age-25 years, Occ-Agriculture R/o Dhondi Pimpalgaon, Tq-Partur, Dist-Jalna APPLICANT VERSUS The State of Maharashtra Through police Inspector, Police Station, Partur, Tq-Partur, Dist-Jalna RESPONDENT ....... Mr.V.D.Salunke, Advocate for the applicant Mr.K.S.Patil, APP for respondent State Mr.A.R.Shinde, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 24th June 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.21/2010 registered with Partur police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 19.02.2010 and since then he is in jail. It is informed that in this offence, after {2} completion of the investigation, charge sheet has been field on 30.04.2010 before the JMFC, Partur. 2. Admittedly, the death of deceased Archana is unnatural one. However, whether the same is homicidal or not can be considered in the light of the dying declaration of the victim, which is recorded during the course of investigation and on the basis of which the offence is registered. 3. The deceased has alleged that in the early hours on 19th February, 2010, a quarrel took place between the applicant and herself on trivial point and thereafter the complainant had let the house and when he returned after sometime, he saw that the quarrel was still going on and hence in a hit of anger, he poured kerosene on the person of the victim and set her on fire. It is also alleged that after setting the victim on fire, the applicant realized his mistake and immediately he tried to extinguish the fire and in that process he also sustained burn injuries. Later on the victim was admitted in the hospital, where she succumbed to the burn injuries. 4. Considering the entire scenario and the investigation carried out, it dose not appear that the act alleged against the applicant is a premeditated one. However, due to sudden provocation for the circumstances narrated in the complaint itself, it is alleged that he has done the said act. In the premise, as now {3} the investigation is over and there are no chances of interference with the investigation, case is made out to enlarge the applicant on bail, however on certain conditions. 5. In the result, the application is allowed. The applicant be released on bail, in connection with CR No.21/2010 registered with Partur police station, on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. The applicant is directed not to contact or tamper with the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln1983-10 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2385 OF 2010 IN CRIMINAL APPLICATION NO.1983 OF 2010 Vishnu s/o Bhagwanrao Chavan APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.A.R.Shinde, Advocate for the applicant Mr.K.S.Patil, APP for respondent State Mr.V.D.Salunke, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 24th June 2010 PER COURT: 1. Heard. Issue notice to the respondents. Learned APP accepts notice for respondent No.1 and Mr.Salunke for respondent No.2. 2. By this application, filed u/s 301 (2) of the Criminal Procedure Code, the applicant has prayed to allow him to assist learned APP in opposing the criminal application No.1983/2010 for which learned counsel for respondents have no objection. In the {5} premise, the application is allowed in terms of prayer clause “A” and “B” and stands disposed of. Prayer clause “C” is the subject matter of the order to be passed in criminal application No. 1983/2010. [A.V.POTDAR, J.] drp/B10/criapln1983-10