1 Criminal Application No.5391/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5391 OF 2010 Macchindra s/o Devidas Mhaske ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENTS ..... Shri N.V. Gaware, Advocate for the applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th January, 2011 PER COURT : 1. Heard. The accused/ applicant, husband of deceased in custody in Crime No.I-309/2010, registered at Shrigonda Police Station, District Ahmednagar, seeks release on bail. 2. Learned counsel submits, the allegations of the accused/ applicant setting his wife ablaze is ill founded. It was she committed suicide and succumbed to the injuries. He also submits, since 9.9.2010 he is in custody, charge sheet is filed on 1.12.2010, the accused/ applicant shall leave the village if he is released on bail. Counsel also submits, the care of two kids out of the wedlock is 2 Criminal Application No.5391/2010 to be taken, for which release of the accused/ applicant is imperative. 3. The dying declaration of the deceased points the manner in which the husband/ accused set the deceased ablaze. Even if the entire family was roped or having been arrested and released, by that itself would not be a ground for concession. Maintenance of the two children will also not come to the rescue. The dying declaration of deceased in unmistakable terms illustrate the events and the past history as to how she was humiliated and harassed and tortured by the family members. Considering the nature of accusations and its gravity, release of the accused on bail would send adverse message and may influence the witnesses. Consequently, application rejected. 4. Observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri5391.10