(1) Cri. Application No. 3830 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3830 of 2011 1. Dattatray s/o. Ratan Limkar, Age : 23 years, Occupation : Driver, R/o. Andrud, Taluka : Bhoom, District : Osmanabad. 2. Smt. Ashrabai Ratan Limkar, Age : 65 years, Occupation : Household, R/o. As above. .. Applicants. versus The State of Maharashtra, through In-charge Police Station, Washi, Taluka : Bhoom, District : Osmanabad. .. Respondent. ....................... Mr. V.D. Sapkal, Advocate, for the applicants. Smt. R.K. Ladda, Additional Public Prosecutor, for the respondent / State. Mr. S.S. Dambe, Advocate, for the original complainant. (2) Cri. Application No. 3830 of 2011 ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 23RD SEPTEMBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose and heard learned respective Counsel for the parties, finally. 2. After hearing learned respective Counsel for the parties, extensively, learned Adv. Mr. V.D. Sapkal, for the applicants, on instructions seeks leave to withdraw the present Application to the extent of applicant no.1, namely, Dattatray s/o. Ratan Limkar. 3. In view of the said submission, leave granted and the present Criminal Application stands dismissed as withdrawn to the extent of applicant no.1, namely, Dattatray s/o. Ratan Limkar. 4. As regards applicant no.2, namely, Smt. Ashrabai Ratan Limkar, she has preferred the present application seeking regular bail in connection with Crime No. 50/2011, registered at (3) Cri. Application No. 3830 of 2011 Police Station, Washi (District : Osmanabad), for the offences punishable under Sections 302, 342, 323, 504, read with Section 34 of Indian Penal Code. 5. It appears that the crime has been registered on the basis of the dying declaration given by the deceased Ashwini w/o. Dattatray Limkar, on 23rd July 2011. On perusal of the contents of the said dying declaration / FIR, it appears that on the date of incident i.e. on 22-7-2011, at about 10.00 p.m., although quarrel was initiated by the applicant no.2 Ashrabai, who is mother-in-law of the victim Ashwini, no specific role / overt act has been attributed to her during the occurrence of the incident, except giving abuses and assaulting the victim by fist and kick blows, and instigating and provoking the applicant no.1, namely, Dattatray, to set ablazed the victim Ashwini, and vital role has been attributed towards husband i.e. applicant no.1 Dattatray in the occurrence of the incident, and not to the applicant no.2 herein. Admittedly, the victim sustained 85 % burns and her cause of death is given as shock due to 85 % burns. 6. The investigation has been completed and charge sheet has been filed. Moreover, applicant no.2 Smt. Ashrabai is reportedly of 65 years age i.e. old and aged woman and hence proviso of Section 437 of the Code of Criminal Procedure also (4) Cri. Application No. 3830 of 2011 deserves to be invoked in her case, and the present application deserves to be allowed in respect of applicant no.2 Ashrabai, but on certain conditions. 7. In the result, present Criminal Application is partly allowed in respect of applicant no.2, namely, Smt. Ashrabai w/o. Ratan Limkar, and it is directed that she be released on bail in connection with Crime No. 50/2011, registered at Police Station, Washi (District : Osmanabad), on furnishing P.R. Bond in the sum of Rs. 25,000/- with one surety in the like amount, on the following conditions : (i) After release on bail, applicant no.2 Smt. Ashrabai shall give attendance before concerned investigator, once in a month i.e. on first Monday of each month, between 4.00 p.m. to 7.00 p.m., till disposal of the trial. (ii) Applicant no.2 Smt. Ashrabai shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. However, present Criminal Application stands dismissed as withdrawn, to the extent of applicant no.1, namely, Dattatray s/o. Ratan Limkar, as aforesaid, and present (5) Cri. Application No. 3830 of 2011 Application stands disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3830