Yashwant v. The State of Maharashtra

Mr. S.S. Deshmukh, advocate for the applicants Mr. R.P. Phatke, APP for respondent ..... ..... CORAM: T.V. NALAWADE, J. DATE: 20TH JUNE, 2012 PER COURT:-

#1. The application is filed for bail in Crime No. I-78 of 2012 registered in Kopargaon police station, District Ahmednagar for the offences punishable under Sections 302, 307, 498-A, 323, 504,, 506 r.w. 34 of I.P.C.

#2. Both sides are heard. The papers of investigation are made available. The deceased was wife of Satish Halnoor. The applicant Nos. 1 and 2 are parents of Satish and applicant No.3 is brother of Satish. The incident took place on 13.2.2012 when the marriage had taken place on

19.5.2010. The deceased sustained burn injuries and she was first taken to Pravara Hospital and then to Rasal Hospital. She received treatment in Rasal Hospital from 10.3.2012 till her death which took place on 27.3.2012. cran2139.12 -2- The F.I.R. is registered on the basis of the dying declaration of deceased Suvarna. The dying declaration was recorded by Executive Magistrate on

17.3.2012. The crime was registered on 21.3.2012. In the dying declaration, the deceased has blamed her husband and the applicants for the incident and she made allegations that they set her on fire. The spot panchnama was prepared very late i.e. on 22.3.2012.

#3. There are statements of few neighbours. The said statements came to be recorded on 22.3.2012 in which they have contended that they disclosed on the next day of the incident that the husband and present applicants had set her on fire. The police papers show that the discharge card of Rasal Hospital is collected in which there is mention about the history and history of explosion of stove was given. There are statements of relatives of parents side showing that they learnt about the incident immediately and they had further learnt that on 13.2.2012 in the incident the applicants and her husband had set on fire to the deceased.

#4. In view of the aforesaid circumstances, this court hold that it is not desirable to keep the applicants behind the bar till disposal of the trial, which is pending against them. They are behind bar since 6.4.2012. In view of the nature of the allegations and as there is record of dying declaration, this court hold that there is no possibility of tampering with the prosecution witnesses and the bail can be granted to the applicants. cran2139.12 -3-

#5. In the result, the applicants to be released on bail on furnishing PR and SB of Rs.25,000/- (Twenty five thousand only) each. They are not to tamper with the prosecution witnesses.

#6. The observations made in this order will not come in the way of the trial court while deciding the matter. rlj/ (T.V. NALAWADE, J. )