1 CR.APL NO.747/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 15. APPLN/747/2011 SANJAY NAGORAO KENDRE [Criminal] V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.S.Patil, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:8-3-2011 1. Heard. The accused/applicant, in custody since 24.11.2010, in Crime No.118/2010 registered at Kinwat Police Station for an offense under Sections 323, 306, 498-A read with Section 34 of IPC, seeks bail. 2. The accused married to deceased Radha on 28.3.2003. The couple is blessed with two children; one 6 years and another, 4 years old. On 30th Sept.,2010, Radha, allegedly, committed suicide by dousing kerosene and was taken to hospital. In the first dying declaration, she did not implicate the accused/husband. In her second 2 CR.APL NO.747/2011 dying declaration recorded by the Police Authorities on 2nd Oct.,2010, she has implicated her husband. Owing to 95 per cent burns, she ultimately succumbed on 7th Oct., 2010. 3. In the second dying declaration it is alleged that the accused/applicant, on the trivial issue, when the victim said, she will be immolating herself, asked her to do so and, pushed her. Narration in the dying declaration does not indicate her husband to have attempted to have saved her. Record rebels. Her husband, the accused/applicant has suffered 15 per cent burn injuries which is suggestive of his intervention and trying to rescue and save life of his wife. The first dying declaration, as stated above, gives clean chit to the accused/applicant. Police have not recorded statements of the infants; probably, for obvious reason, as they may not implicate the accused/applicant. 3 CR.APL NO.747/2011 4. Thus, the role attributed to the accused/applicant is leaning to instigation which, reading the above aspects, does not inform of any stimulation at the behest of the accused/applicant to ensure that victim commits suicide. The suicidal tendency of the victim, by itself, was due to her pressure, mental stress, however, for that purpose, for the present, further custody of the accused/applicant not desired. Hence order. ORDER (a) The application is allowed. Accused/applicant ( Sanjay Nagorao Kendre) be released on furnishing P.R. bond and surety in the sum of Rs.10,000/- ( Rs. Ten thousand). He shall not influence the witnesses. (K.U.CHANDIWAL) JUDGE ... AGP/747-11crapl