1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2803 OF 2010 1 Rambhaji s/o Saluba Kakade 2 Sakubai w/o Rambhaji Kakade Applicants Versus The State of Maharashtra, through Police Station Sillod (Rural), Tq.Sillod, District Aurangabad. Respondent Mr.R.V.Gore, advocate for the applicants. Mrs.V.A.Shinde, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, the applicants – husband and wife, who are in-laws of deceased Laxmibai, approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.I-29/08, registered in Sillod (Rural) Police Station, District Aurangabad, for the alleged offence under Sections 302, 498A, 323, 504 read with Sectin 34 of the Indian Penal Code. 2 Heard Counsel for the applicants and learned A.P.P. for the State. Also perused the papers of investigation till carried out. 2 3 It is not in dispute that the present applicants are in-laws of deceased Laxmibai, who was married with the son of these applicants somewhere in the year 1998. The couple has blessed with one daughter and one son. It appears that on 11 th March 2008, said Laxmibai sustained burn injuries. The complainant is the sister of Laxmbai. The sister of Laxmibai is also married and having her matrimonial house in the same village. As the complainant came to know about burn injuries sustained by Laxmibai, she along with her relatives from her husband’s side, reached at the spot of incident and shifted Laxmibai to the hospital. On the way of hospital, said Laxmibai disclosed as to how she sustained burn injuries and on that basis, said CR came to be registered against these applicants and six other persons for the alleged offences, as stated in first para of this order. 4 It appears that subsequent to the complaint, criminal law was put in motion to carry out the further investigation. From the papers placed in my hands, it appears that even though the offence was registered in the year 2008, since then the investigation is in progress and the charge sheet is yet to be filed. The papers of investigation disclose that at the time when alleged incident took place in the afternoon on 11 th March 2008, these applicants were not present at the place where the alleged incident took place and were in another village to attend the `tenth day’ ceremony about demise of their relative. Thus, it is clear that the allegations against these applicants that they assisted their son, who allegedly poured kerosene on Laxmibai and set her on fire, is improbable. The papers of investigation disclose that on the day of incident some quarrel took place between husband and wife, which resulted in setting Laxmibai herself on fire. Thus, from the papers of investigation, it reveals that prima facie, these applicants cannot be connected with the allegations levelled against them by the complainant. 3 5 In the result, case is made out to exercise the discretionary powers of this Court to release the applicants on anticipatory bail. Hence, the application deserve following order: ORDER (a) The application is allowed. (b) The applicants – Rambhaji s/o Saluba Kakade and Sakubai w/o Rambhaji Kakade be released on bail on their furnishing solvent surety in the sum of Rs.15,000/- (Rs.Fifteen thousand) each and on executing P.R. Bond in the like amount, in the event of their arrest in connection with CR No.I-29/08, registered in Sillod (Rural) Police Station, District Aurangabad. (c) This protection is granted till filing of the charge sheet. (d) Criminal Application stands disposed of accordingly. (e) (Learned trial Court need not be influenced with the observations made by this Court while disposing of this application, as, prima facie, they are based on the papers of investigation till carried out). (A.V.POTDAR) JUDGE ******* adb/criapln280310