1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.648/2011 ( Purushottam s/o Sheshrao Mete ..Vs.. State of Maharashtra, through P.S.O., P.S. Sevagram, Tah. & Distt. Wardha ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.R. Shende, Adv. for applicant. Mr. D.M. Kale, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 5.12.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant on bail against whom the offence bearing Crime No.146/2011 under sections 302, 498-A of the Indian Penal Code is registered at the police station Sewagram. 2. Prosecution story, as unfolded in the F.I.R., is thus : Vandana Purushottam Mete, a married woman having one daughter aged 13 years and son aged 11 years, while residing in her matrimonial home on the night intervening 10/5/2011 and 11/5/2011 sustained 98 % burns and on the evening of 11/5/2011 succumbed to the burn injuries. 2 3. Immediately, after admission in the hospital the statement of deceased was recorded by the Executive Magistrate. In that, she had stated that she herself poured kerosene oil on her person and set herself on fire. In the second dying declaration, recorded by the police, the similar story was reproduced. 4. Dipali Moreshwar Thakre, a girl aged about 18 years who used to stay with the accused/applicant, lodged the F.I.R. on 22/5/2011 stating that on the said night the accused/applicant and the deceased had quarreled. Thereafter, the accused set the deceased on fire. It is also stated that the accused/applicant tried to put out the fire. Similar are the statements of son and daughter of the deceased which were recorded on 25/5/2011. 5. In the peculiar facts and circumstances of the case particularly, story of homicidal death coming forth after about 10 days and in view of two dying declarations, the accused/applicant will have to be released on bail. The accused/applicant is directed to be released on bail on his executing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties in the like amount with conditions that 3 (i) the accused/applicant shall not tamper with the prosecution witnesses, (ii) he shall not enter the village Alodi, Tahsil and District Wardha and also village Nagzari, Taluka Deoli, District Wardha till the trial is over and (iii) He shall inform the concerned police station about the place of his stay during the aforesaid period. JUDGE Tambaskar.