1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.671 OF 2010 Babasaheb S/o.Sakharam Thorat APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.S.S.Jadhavar, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 05/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on regular bail in connection with CR No. 282/2009, registered in Police Station Rahuri, Dist. Ahmednagar for the offence punishable u/s.307, 498-A, 323 and 504 of IPC, in which the applicant came to be arrested on 15/10/2009 and after completion of investigation, charge sheet was filed on 07/01/2010. 2. Heard learned counsel for applicant, and learned APP. Perused the papers of investigation which discloses that the said offence came to be registered on the complaint lodged by the injured Babita Thora herself while she was taking treatment in the hospital. According to her, in the afternoon of 13/10/2009, when she was about to leave the residence to cast her vote, as it was the day of assembly election, applicant came there in drunkard condition. He used to suspect the 2 complainant about her character, and prohibited complainant to go to cast the vote and when protested by the complainant, applicant annoyed. Applicant poured kerosene on the person of complainant and set her on fire. She came out with burning clothes on her person, and disclosed the incident to the kids, who were playing outside the residential premises, who are the children of her brother in law. On hearing her hue and cry, her in laws came there and admitted her in the hospital. Medical certificate shows that victim had sustained 85% burn injuries and major part of those injuries was on the upper portion of the body i.e. on the chest and face. Considering this medical evidence, the submissions of counsel for applicant that this is a case of accidental burn injuries is falsified. It is also brought to the notice of this Court on the basis of medical evidence that complainant was under treatment for 40 days in the hospital and discharged in the month of November 2009. It itself goes to show that the nature of injuries are serious and if not properly treated, then there was every likelihood that these burn injuries might have resulted in the death of complainant Babita. Considering these facts, and the strained relationship between complainant and applicant, it is not safe, even after completion of investigation, to release the applicant accused on bail. In the circumstances, application sans any merit, stands rejected. These observations are prima facie on the basis of documents produced at the time of hearing of bail application. Learned Trial Court not to influence with these observations. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.671-10