1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 617/2011 Sainath Narayan Karlekar ..vs.. State of Maharashtra, thr. PSO P.S. Chandrapur City, Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. C. Dharmadhikari with Mr. A. D. Hazare, Advocates for applicant. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 30, 2011. 1. Heard learned counsel for the parties. 2. The applicant, who is an accused in Sessions Trial No. 130/2011, filed by Police Station Officer, Police Station Chandrapur City, Chandrapur, alleging commission of offence punishable under section 302, 498A read with Section 34 of the Indian Penal Code is seeking his release on bail pending the trial. 3. One Nilima married to accused in the year 2007. The applicant is a teacher by profession. Out of this wedlock, they have daughter who is aged about 1 ½ years. At the time of incident, the couple had come to stay at their native place, Nandgaon Pode. The accused no.2 is mother of the applicant. 4. The incident occurred on 09.06.2011. The applicant and Nilima were inside the house whereas accused no.2-Saibai was sleeping in the courtyard along with the child. In the early 2 morning at 4.30 to 5.00 a.m. Nilima caught fire. She sustained 98% burn injuries whereas the applicant sustained 38% burns. Both of them were admitted in the hospital. On the same day in the afternoon, Nilima succumbed to the burn injuries. After three days of the incident, i.e. on 12.06.2011, father of Nilima lodged First Information Report. According to him, when he reached to the hospital at about 9.00 to 9.30 a.m. the deceased had disclosed before him that she was set on fire by the applicant and her mother-in-law i.e. accused no.2. 5. The other side of the story is that the police tried to record Dying Declaration of deceased Nilima at the time of her admission. However, they could not succeed because she was not in the fit state to give statement and never gained conscious till she died. Therefore, claim of the father of the deceased that the deceased had made disclosure statement is questionable. 6. Although, there are allegations in the First Information Report that original accused no.2 mother-in-law of the deceased had caught hold of her hair and pulled her on the ground, during investigation, it was revealed that the said Saibai was sleeping in the courtyard along with the child. This is relevant while deciding the bail application. The other relevant factor is the extensive burns i.e. 38% sustained by the accused. Thus, prima facie 3 involvement of the accused for the offence punishable under Section 302 of the Indian Penal Code becomes doubtful. At the most, this appears to be the case under Section 306 of the Indian Penal Code. 7. In that light of the matter, the applicant will have to be released on bail. Hence, the application is allowed. The applicant-Sainath Narayan Karlekar is directed to be released on bail in Crime No. 93/2011 registered with Police Station, Chandrapur City, Chandrapur for the offence punishable under Sections 302, 498-A read with Section 34 of the Indian Penal Code, on his furnishing PR Bond in the sum of Rs. 25,000/- with two sureties in the like amount. 8. The learned trial Court shall make endeavour to decide the trial as expeditiously as possible and in any event within a period of six months from the date of receipt of this order. JUDGE kahale