1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.2933 OF 2008. (DEVIDAS SHIVRAM NARWADE & ANR. Vs STATE OF MAH.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri N.B.Kalwaghe, Advocate for Applicants. Shri A.S.Sonare, A.P.P. for Respondent. CORAM : A.H.JOSHI, J. DATED : AUGUST 27, 2008. 1. The applicants are mother-in-law and father-in-law of deceased Vandana. They are claiming anticipatory bail. The strongest ground raised for bail is that since there are two dying declarations, there is no worthy evidence making arrest imperative. It is further urged as ground that applicant No.1, who is a heart patient, was admitted in hospital in July, 2008 and the arrest will prejudice his health and chances of life. 2. Perused the case diary. It is true that there is first Dying Declaration, recorded on 2nd July, 2008, in which deceased Vandana has stated that the incident of fire had occurred as kerosene fell on her nylon saree and while she was about to switch the stove the match stick fell on her saree, resulting into the incident of fire. 2 3. On 3rd July, 2008 the Medical Officer certified her to be unfit for dying declaration. 4. On 4th July, 2008 her second dying declaration was again recorded when she has revealed that her in-laws (applicants) caught hold her and her husband poured kerosene on her person and glitter the match stick. 5. Statements of witnesses reveal that the deceased was receiving torture at the hands of her husband and in laws. 6. At this stage, there is adequate material in the hands of the investigating agency to connect the accused in the crime. 7. In this background, present is not the fit case for grant of anticipatory bail. 8. The ground of ill-health will be available at the time of regular bail after the arrest is effected. 9. In view of this, the application is rejected. JUDGE RR.