Rohidas S/O Bhivsan Devraj And Another v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 82 OF 2015 ROHIDAS S/O BHIVSAN DEVRAJ AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Patil Prakashsing B. APP for Respondent: Mr. A. V. Deshmukh.

***

CORAM:

T. V. NALAWADE, J.

DATED:

20th JANUARY, 2015.

PER COURT:

1.

The application is filed for bail. Both the sides are heard.

This Court has perused the papers of investigation.

2.

The crime is registered on the basis of statement of injured Smt. Latabai Deoraj. Present Applicant No.1 is distantly related with her and Applicant No.2 is wife of Applicant No.1. They are her immediate neighbours. Incident in question took place on 23rd September, 2014 after 02.30 p.m. When the injured was present in the courtyard and she was cleaning it, the applicants came there. It is her case that they gave abuses by saying

-:(2):- that she was throwing dirt towards their house. Applicant No.1 asked Applicant No.2 to hold her and then Applicant No.1 entered the house, fetched the kerosene can and then Applicant No.2 hold her and Applicant No.1 set fire to her after pouring kerosene on her person. She shouted. Then neighbours rushed. To them also, she narrated the incident. Offence is registered under section 307, 448 IPC. The police papers include statement of minor daughter, recorded by learned J.M.F.C. under section 164 Cr.P.C. She has made allegations against Manoj also, that Manoj was holding her and kerosene was fetched by Applicant No.2 Kalpana and then Applicant No.1 had set complainant on fire. The extent of burn injuries was 50%. It was submitted that now she is O.K. and there is no danger to her life. 3.

Learned counsel for Applicants submits that the applicants are behind bar since September, 2014. In view of the aforesaid circumstances and nature of allegations, this Court holds that it is not desirable to keep the applicants behind bar till disposal of the case. It is not certain as to how much time will be required to complete the trial.

4.

In the result, the application is allowed. The

-:(3):- applicants are to be released on bail on their furnishing P.R. and S.B. of Rs.15,000/- each. They are not to tamper with prosecution witnesses. They are not to go to the vicinity of the complainant.

[T. V. NALAWADE, J.] Dt.20/01/2015 ans/82