Randhir S/O Janardhan Fulse v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/2 cri.appln. 2460.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2460 OF 2015.

RANDHIR S/O JANARDHAN FULSE.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. R.A. Tambe, Advocate h/for Mr. Sachin Panale, Advocate for the Applicant.

Mr. U.S. Mote, A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

12th June, 2015.

Per Court :- Present Criminal Application is filed by the applicant for grant of regular bail, in connection with CR No. 86/2015 registered with Police Station, Chakur, District - Latur for the offences punishable under Section/s. 302, 498(A), 323, 504 read with 34 of the Indian Penal Code.

[2] Heard Mr. R.A. Tambe, Advocate for the Applicant and Mr. U.S. Mote, A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

[3] Sindhubai w/o Deelip Fulse was admitted in Burn Ward, Government Hospital, Latur, District - Latur. Police Officer has

2/2 cri.appln. 2460.15..sxw recorded her dying declaration on 2nd April, 2015. On the basis of which, offence was registered with Police Station, Chakur, District - Latur for the offences punishable under Section/s. 302, 498(A), 323, 504 read with 34 of the Indian Penal Code, vide CR No. 86/2015. [4] Sindhubai died on 3rd April, 2015. From the dying declaration of the Sindhubai, it is clear that present Applicant, who is father-in-law has not poured kerosene on her and has not set her ablaze. As per the dying declaration after pouring kerosene, she was set ablaze by Deelip. Entire case of the prosecution is based on the said written dying declaration. In that view of the matter, the Applicant who is arrested, needs to be released on bail. Hence, I pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant - RANDHIR S/O JANARDHAN FULSE shall be released on regular bail on he executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand.] with one solvent surety in the like amount, in connection with CR No. 86/2015 registered with Police Station, Chakur, District - Latur for the offences punishable under Section/s. 302, 498(A), 323, 504 read with 34 of the Indian Penal Code. (iii) Bail before trial court.

(iv) With this Criminal Application is allowed and same is disposed of accordingly.

(V.M. DESHPANDE, J.)