MP 1 BA1669_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1669 OF 2011 Alkabai Yallanna Vaidu ... Applicant Versus State of Maharashtra ... Respondent Mr. Sachin Thombare i/b. Mr. Sachin Pawr, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.313 of 2011 registered with Chaturshringi Police Station, for the offences punishable under Sections 498(A), 302 r/w. Section 34 of the Indian Penal Code. 2. Deceased Sunita Vaidu was married to Santosh Vaidu, who is son of the present applicant, about three years before the incident. Out of wedlock, they had two children. However, she was being harassed by her husband and mother-in-law persistently. According to prosecution on 27.06.2011, at about 04.30 a.m. when Sunita was sleeping on her bed in the room, she woke up due to smell of kerosene and found that her mother-in-law, who is the present applicant, was pouring kerosene on her and her husband then set her ablaze with a matchstick. As she started burning, she shouted for help. Some people from the neighbourhood including another son and daughter-in-law of the present applicant came there. Thereafter, husband and brother-in-law of the deceased extinguished fire and took her to Sassoon Hospital where she was admitted at 06.00 a.m. on 27.06.2011. On 28.06.2011, she died because of 100% burns. 3. The investigation papers reveal that on 27.06.2011 at about 7.15 a.m., police were informed about the admission of the burned patient and at 10.00 a.m., a police head constable went to the hospital and recorded statement of MP 2 BA1669_11 Sunita. It appears that the investigation was taken over by A.P.I. S. N. Joshi of Chaturshringi Police Station and he also recorded spot panchnama from 11.15 a.m. onwards and seized the partially burned clothes, stove, etc. It appears that he did not make any attempt to call any Executive Magistrate for recording dying declaration of the deceased and this was clearly a negligence on the part of the police officer. 4. The learned Counsel for the applicant contends that in absence of the statement recorded by the Magistrate, much reliance cannot be placed on the statement recorded by the police head constable. The applicant is a woman aged about 60 years and she has to look after two small grand children, and therefore, bail may be granted. However, on careful perusal of the police papers, it appears that when her brother-in-law and wife of brother-in-law came at the spot of the incident and when Sunita was burning, she had told them that she was burnt by her husband and mother-in-law. Not only this, when she was taken to the hospital, there also she had herself given the history of homicidal burns by her husband and mother-in-law at 5.00 a.m. Later on, on the same day, her relatives came, and before them, she gave the same story. The spot panchnama also shows that there was smell of kerosene in the room where she was sleeping and partially burned clothes were lying in the kitchen where possibly she had run after kerosene was poured on her. The knob of the stove was found removed showing that the kerosene was sprinkled from the stove. Taking into consideration the material on record, it will not be desirable to grant bail to the applicant merely because she is a woman. 5. In view of the facts and circumstances, the application stands rejected. However, the trial Court shall expedite the trial and dispose of the case as early as possible and preferably before the end of June 2012. (J. H. BHATIA, J)