IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 302 OF 2009 CRIMINAL APPLICATION NO. 302 OF 2009 CRIMINAL APPLICATION NO. 302 OF 2009 1. Mainoddin Rukmoddin Shaikh, 2. Jainoddin Mainoddin Shaikh, 3. Sou.Nilofar Saifan Shaikh ...Applicants vs. The State of Maharashtra ...Respondent Ms.Ujwal R. Agandsurve for the Applicants. Mrs.M.H.Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. Counsel for the applicants does not press the application for bail so far as applicant no.3 - Nilofar Saifan Shaikh is concerned. 3. The prosecution case is that the deceased who was the wife of applicant no.2, after she had taken a bath, the applicant took a kerosene can which was lying in the lower portion of the house and set her on fire. - 2 - The dying declaration of the deceased indicates that the allegation is made only against applicant no.3 about setting her on fire. It is stated in the dying declaration that in fact, applicant nos.1 and 2 took her to the hospital and thereafter, vague allegation is made that the applicant nos.1 and 2 also used to harass her. In the dying declaration, no specific role has been attributed to applicant nos.1 and 2. Therefore, they are entitled to be released on bail. 4. The applicant no.1 - Mainoddin Rukmoddin Shaikh and applicant no.2 - Jainoddin Mainoddin Shaikh be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount for the offece punishable under Sections 302, 498-A, 323, 504 read with 34 of the IPC registered vide C.R. No.217/2008 at Vijapur Naka Police Statio, Solapur. The applicants shall report to the concerned police station once in a month. 5. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)