1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 597 of 2010 Ninabai Somnath Talvad ... Applicant versus The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 598 of 2010 Mamta Sanjay Chopra ... Applicant versus The State of Maharashtra ... Respondent ... Mr.AP. Mundargi for the applicant with Mr.S.V. Kotwal i/b Shri A.R. Kapadnis for the applicant. Mr. S.A. Shaikh with Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 15th February 2010 2 P.C. 1. Both these applications for anticipatory bail relate to the same offence viz. C.R. No. 214 of 2009 registered at Barshis City Police station, District Solapur on 28th October 2009 for an alleged offence punishable u/s.498A, 306 r/w section 34 of the IPC. Hence, they are disposed of by this common order. 2. Application no.597 of 2010 is made by the mother in law of Arti Deepak Talwad (hereinafter referred to as “the deceased”). Application no.598 of 2010 is made by sister in law of the deceased. The deceased died of burning in the morning on 28th October 2010. After the death, a FIR was lodged by her father that the deceased was married in the year 2007 and was being harassed on account of a demand dowry of Rs.One Lakh for the purchase of a scooter and capital for the business. On account of harassment meted out to her by in-laws she committed suicide on 28th October 2009. An offence was registered. Investigation has been carried out and charge-sheet has already been filed against the father in law of the deceased. Applicants are also accused in the said offence. 3 3. Dying declaration of the deceased was recorded between 10.35 a.m. and 11.20 a.m on 28th October 2009 by the Sub-Divisional Magistrate. In the dying declaration, she has stated that she had burnt herself on account of home tension. She has not stated anything about the dowry demand or that she had committed suicide on account of harassment for dowry. She has named Sonia Rohit Gupta, her married sister in law but has not named the applicants or her father in law as responsible for the harassment. 4. Learned APP pointed out that the deceased also made an oral dying declaration to her mother and invited my attention to the mother’s statement. Mother has stated in the past the deceased had complained about the demand of dowry. That part of the statement of the mother cannot be regarded dying declaration because information about dowry demand was not given by the deceased just prior to the death but alleged to have been given to the mother in the long past. The alleged oral dying declaration before the mother therefore is not of much assistance. 5. Taking into consideration that investigation has been completed and charge-sheet has already been filed against the father in law of the 4 deceased, in my view, applicants can be granted pre-arrest bail. Hence, applications are allowed. In the event any of the applicants are arrested in connection with C.R.No.214 of 2009, each of them shall be released on bail on their executing a P.R. Bond of Rs.10,000/- of the like amount. This order shall remain in force for eight weeks or till charge sheet is filed against the applicants, whichever is later. (D.G. KARNIK,J.)