cran3710.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3710 OF 2011 1 Shanta w/o Maruti Auti 2 Maruti s/o Ganpat Auti ...Applicants Versus The State of Maharashtra ...Respondent ..... Mr. M.P. Tripathi, advocate for the applicants Mrs. R.K. Ladda, A.P.P. for respondent ..... CORAM: SHRIHARI P. DAVARE, J. DATED: 9TH SEPTEMBER, 2011 PER COURT:- 1 Heard learned counsel for the respective parties finally. Perused the investigation papers, which were made available for inspection. 2 This is an application preferred by the applicants seeking regular bail in connection with crime No. I-168 of 2011 registered at Rahuri police station, District Ahmednagar for the offences punishable under Sections 498-A, 302, 323, 504 and 506 r.w. 34 of I.P.C. 3 It appears that the offence has been registered on 29.5.2011 on cran3710.11 -2- the basis of first dying declaration of the victim viz. Sunita. The applicant No.1 Shanta is mother-in-law and applicant No.2 Maruti is the father-in-law of the victim-Sunita. 4 Admittedly, two dying declarations of the victim were recorded. The first dying declaration was recorded on 29.5.2011 at 12.00 p.m. by the police personnel whereas the second dying declaration was recorded on 30.5.2011 at about 7.00 to 7.30 p.m. by the Naib Tahsildar. Pertinently, the contents of the first dying declaration recorded by the police personnel raises finger to the guilt of the applicants herein, whereas the second dying declaration recorded by the Naib Tahsildar is silent in respect of role of the applicants herein and there is no whisper about the names of the applicants. 5 On the face of said position, learned APP canvassed that the statements of witnesses have been recorded during the course of investigation and statements of Arifa Umar Saikh, Bhausaheb Kale and Savita Kale, all neighbourers, are against the applicants herein. I have perused the said statements and apparently it appears that there are general/omnibus allegations against the applicants herein in respect of the alleged ill-treatment to the victim and no specific incident/s have been quoted therein. cran3710.11 -3- 6 Thus, there is variance between two dying declarations i.e. the dying declaration recorded on 29.5.2011 and the dying declaration recorded on 30.5.2011. Both the dying declarations reflect different versions and second dying declaration is silent about the applicants herein, as quoted above. Moreover, the applicants are aged 54 and 58 years respectively and so also the investigation has been completed and charge sheet has been filed. Having comprehensive view of the matter, there is no propriety in keeping the applicants behind bar further and therefore, they are entitled to be released on bail. 7 In the result, the application is allowed and it is directed that the applicant No. No.1 Shanta w/o Maruti Auti and applicant No.2 Maruti Ganpat Auti, be released on bail on furnishing P.R. bond of Rs. 15,000/- each with one surety in the like amount by each one of them on the condition that the applicants shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly/indirectly. 8 Present criminal application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) rlj/ cran3710.11 -4-