1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1409 OF 2010 Appasaheb s/o Ramrao Butte ...Applicant VERSUS The State of Maharashtra, through police station Virgaon, Tq. Vaijapur,Dist. Aurangabad ...Respondent ..... Smt. Madhaveshwari Thube-Mhase, advocate for the applicant Smt. Vaishali Shinde, A.P.P. for the respondent. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28th April, 2010 PER COURT : 1 Heard Smt. Madhaveshwari Thube-Mhase, advocate for the applicant and Smt. Vaishali Shinde, A.P.P. for the respondent. 2 This is an application for bail preferred by applicant in connection with CR No. I-68 OF 2009, registered at Virgaon police station, District Aurangabad for the offence punishable under Sections 302 r/w 34 of the Indian Penal Code, since the applicant was arrested thereunder on 7.8.2009 and he is under judicial custody presently. 2 3 It appears that the offence has been registered on the basis of dying declaration of victim namely Dwarkabai Kakasaheb Butte, who was admitted in Ghati Hospital on 5.8.2009 at 11.20 a.m. by the neighbour, namely Pandharinath. She succumbed to the burn injuries on the same day evening. 4 It was canvassed that although the dying declaration was recorded at 11.20 a.m. On 5.8.2009, the offence came to be registered belatedly on 6.8.2009 i.e. after about 12 hours. It is also urged that it is apparent from the investigation papers that at the time of admission of deceased in the hospital, the history about alleged burn injuries was given by Pandharinath, who admitted the victim Dwarkabai at Ghati Hospital, as those injuries were caused due to explosion of the stove at the time of cooking at her residence. In the said context, the spot panchanama discloses that the stove was found at the spot of the incident. 5 Admittedly, the dying declaration of the victim Dwarkabai discloses that on the date of occurrence of the incident, the co- accused Gayabai poured kerosene from can on the person of victim and applicant herein lit a match stick and set her ablaze. However, the co-accused Gayabai Appasaheb Butte has been enlarged on bail as per order passed in Criminal Application No. 543 of 2010 on 22.2.2010, and therefore, the applicant is also required to be enlarged on bail 3 considering the principle of parity. 6 Apart from that, although the dying declaration of the victim is on record, as mentioned herein above, sight cannot be lost of the aspect that while admitting the victim in Ghati Hospital by Pandharinath, he gave history about the alleged burn injuries that she sustained those injuries on explosion of stove at the time of cooking at her residence and stove was found while drawing spot panchanama, although it was prepared after the lapse of two days. 7 Besides that, the applicant is in custody since last more than eight months and investigation has been completed and charge sheet has been filed, and therefore, there is no propriety in keeping the applicant in custody further more, and therefore, present application deserves to be allowed. 8 In the result, present application is allowed and it is directed that applicant be released on bail in connection with C.R. No. I-68 of 2009, registered with Virgaon police station, District Aurangabad, on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the condition that the applicant shall not tamper with the evidence and/or influence upon the witnesses, directly or indirectly. 9 The above observations are prima facie observations and 4 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. dbm/crap1409.10