1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 815 OF 2010 1 Latif s/o Dilawar Patel, age 70 years, occ. agril., 2 Najma w/o Latif Patel, age 65 years, occ. agril, both r/o Chinchwar, Tq. & Dist. Dhule ...Applicants VERSUS 1 The State of Maharashtra, through Superintendent of Police, Dhule, District Dhule ...Respondent ..... Shri A.S.Sawant, advocate for the applicants Shri D.V.Tele, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 15th March, 2010 ORAL ORDER : 1 Heard learned counsel Shri A.S.Sawant for the applicants and Shri D.V.Tele, learned A.P.P. for the respondent. 2 This is an application preferred by applicant nos. 1 and 2 for their enlargement on bail in connection with offence in C.R. No. 12 of 2010 registered with Songir police station, Taluka and District Dhule for 2 the offence punishable under Sections 302, 498A, 504, 506 r/w 34 of the Indian Penal Code for allegedly having committed murder of deceased Sayrabi alias Salmabi by pouring kerosene on her person when she was working in the field and setting her ablaze. 3 It is alleged that initially offence under Sections 307, 498A, 504, 506 r/w 34 of the Indian Penal Code came to be recorded. However, subsequently since the victim Sayarbi expired on 24.1.2010, the offence was converted and it came to be recorded for the offence punishable under Sections 302, 498A, 504, 506 r/w 34 of the Indian Penal Code. 4 It appears that two dying declarations of the victim came to be recorded. The first dying declaration was recorded on 17.1.2010 at about 4.50 p.m. before the Executive Magistrate,Dhule and second dying declaration was recorded on 20.1.2010 at about 8.30 p.m. before the Executive Magistrate, Dhule. However, it appears that in dying declaration dated 17.1.2010 the victim has stated that while she was cooking in the hut situated in the field/farm, her Odhani fell on fire place (Chul) and thereby it caught fire, which resulted into catching fire to her person and accordingly in the first dying declaration victim has not made grievance against anyone; whereas in the second dying declaration dated 20.1.2010 the victim has made grievance against her husband namely Ajij and the applicants herein i.e. her parents-in-law and stated that they poured kerosene on her person and set her ablaze 3 while she was working in the field and second dying declaration came to be recorded on the complaint lodged by her uncle namely Sk.Osman Patel. Apparently, there are two different versions of the victim in afore said both the dying declarations in respect of victim setting ablazed. 5 Learned counsel for the applicants urged that the applicants were arrested on 3.2.2010 and since then they are in custody. Learned counsel for the applicants further submitted that they have no concern with the alleged offence and they have been implicated in the present case falsely. Learned counsel for the applicants also submitted that investigation is almost completed and there is no propriety in keeping them in jail. Besides that, learned counsel for the applicants further stressed on the point that applicant no.1 is of 70 years old age and applicant no.2 is of 65 years old and submitted that considering their old ages also they may be enlarged on bail. 6 Learned A.P.P. opposed the present application vehemently and submitted that there are statements of the witnesses who involve the applicants in the alleged crime. According to the learned A.P.P., the investigation is still under progress and there is every possibility that the applicants may tamper with the evidence and/or influence on the witnesses, and therefore, submitted that the present application be rejected. 4 7 Considering the rival submissions, at the out set, as mentioned herein above, there are two dying declarations of the victim recorded on 17.1.2010 and 20.1.2010, respectively and the first dying declaration does not point out finger against anybody; whereas second dying declaration recorded after the period of 3 days i.e on 20.1.2010 is allegedly incriminating against the applicants herein, and accordingly, there are two different versions in the said dying declarations. Moreover, the applicants are in jail for more than one and half months and it appears that the investigation has been almost completed. Therefore, there is no propriety in keeping the applicants further in the custody. Besides that, the age of applicant no.1 is 70 years and applicant no.2 is aged about 65 years, and therefore, also interest of justice warrants that they be enlarged on bail. 8 In the result, present Criminal Application No. 815 of 2010 is allowed. Applicant no.1-Latif and applicant no.2-Najma be released on bail on their executing P.R. bond for sum of Rs.15,000/- each and by furnishing one surety by them each in like amount, in connection with offence in C.R. No. 12 of 2010 registered with Songir police station, Taluka and District Dhule, on the following terms and conditions. (i) Applicant nos. 1 and 2 shall not influence upon the witnesses and/or tamper with the evidence directly or indirectly. 5 (ii) Applicant nos. 1 and 2 shall give attendance before the Police Inspector, Songir police station, Dhule once in a week i.e. on every Monday between 3.00 p.m. to 5.00 p.m. till filing of the charge sheet and cooperate with the investigation. 9 It is made clear that the above observations shall be restricted to the present order only and shall not be used while deciding any other matter on merits. 10 Criminal Application No. 815 of 2010 stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap815.10