1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3626 /2009 (1. Shravanpuri Chandrapuri Puri and one vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. P B Patil, Adv.for applicant Mr Anand Fulzele, APP.for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. By this application, the applicants prayed for grant of bail in connection with Crime No. 47/2009 reported at Dongaon Police Station Dist. Buldana for offence punishable under section 307 initially, which was later on converted into section 302 read with section 498A, 304 B of the IPC read further with sections 4 and 5 of the Dowry Prohibition Act. According to learned Advocate for the applicants they are brothers inter se of the husband of the alleged victim and, as such,in the dying declaration no active role was attributed to them in the incident. Learned Advocate invited my attention to the copy of the dying declaration which was recorded on 8.7.2009 by Executive Magistrate in question-and-answer form, in which active role in the crime has been attributed to her husband who instigated by her mother Narmadabai, had pored kerosene over the person of the victim and lighted her with the help of a matchstick. 2 Although it is alleged by victim that her father-in-law mother-in-law, brother-in-law had collectively helped Yeshwant Puri, husband of the victim, in the actual incident of pouring kerosene on her body and lighted with the help of a matchstick, no active role has been attributed to the applicants. On the other hand, victim appears to have stated that the applicants along with neighbouring people had tried to extinguish the fire before the victim was taken to hospital for medical treatment. Thus, considering that chances of conviction of the applicants for serious crime of murder as alleged in this case, appear to be remote, the applicants are entitled for conditional bail order. Hence the order:- The applicants be released on bail in connection with Crime No. 47/2009 reported at Dongaon Police Station for offence punishable under sections 302, 498A, 304Bof the IPC and Sec.4 and 5 of the Dowry Prohibition Act, upon executing PR bond in the sum of Rs. 30,000/- to be provided by each of them, with one or more sureties, to be provided by each of them,subject to further conditions that applicants shall not tamper with the prosecution evidence in any manner; shall not commit any crime while on bail; and shall attend on each date of hearing in the sessions case. Application is allowed. JUDGE sahare