1 Criminal Application No.4980/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4980 OF 2010 Natha Bhagwant Mhaske ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri V.D. Sapkal, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 25th March, 2011 PER COURT : 1. Heard. The accused/ applicant, father-in-law of deceased Lata, who was immolated on 8.10.2010, seeks exercise of powers under Section 438 of the Criminal Procedure Code in Crime No.213/2010. In the dying declaration dated 8.10.2010, at around 1435 Hrs., the deceased Lata does not implicate the accused/ applicant. On the contrary, she says, the accused/ applicant has made efforts to extinguish the fire. It is recorded by Circle Officer, Nalegaon on 8.10.2010. The Medical Officer found the victim to be conscious and well oriented to make a statement. Considering these aspects of the matter, though gravity is writ large, however, minimal role attributed to the accused/ applicant, aged father-in-law, 2 Criminal Application No.4980/2010 he has not committed any skirmish and clamour after the protection dated 6.12.2010, the accused/ applicant deserves exercise of powers under Section 438 of the Criminal Procedure Code. Hence order : O R D E R 2. In the event of his arrest, of the accused/ applicant, be released on his furnishing P.R. bond and a surety in the sum of Rs. 20,000/- (Rupees twenty thousand). The accused/ applicant shall attend the investigator if so commanded. K.U. CHANDIWAL JUDGE fmp/cri4980.10