1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINALAPPLICATION NO. 674/2009 (Sau. Sharda Kaple ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 9th APRIL, 2009 Heard Shri Kilor, Advocate for applicant and Shri Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Accused is alleged to have committed murder of mother in law – deceased Manohar Kaple by pouring kerosene on her person and setting her on fire on 2.12.2008. Initially offence under section 307 of I.P.C. was registered. Later on, on the death of deceased – Manorama, it was altered to one under section 302 of I.P.C. Learned counsel for the applicant points out that the applicant was having 9 months pregnancy at the relevant time and there was no possibility of committing such offence by her. It is also pointed out by him that the husband of the deceased as well as the husband of the applicant were present in the house at the relevant time and they were taking dinner. 2 Learned A.P.P. pointed out only evidence against the applicant is the dying declaration. The alleged dying declaration is to the effect that the applicant – daughter in law quarreled with the deceased, she poured kerosene on her person and set her on fire. Husband of the deceased – Manohar does not support the prosecution case, so also the other witnesses. In these circumstances, bail can not be refused. Applicant be released on bail on her furnishing PRB in the sum of Rs.25000/- with one surety in the like amount, subject to condition that she shall not directly or indirectly tamper with the prosecution evidence and she shall attend the trial regularly. Application stands disposed of. Bail in trial court. It is made clear that none of the above observations shall influence the learned trial judge, while deciding the matter on merits. JUDGE SMP