HIGH COURT OF BOMBAY
SAHEBRAO BARMA MUDDE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
BA 476/2021
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955-BA-476-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.476 OF 2021
Sahebrao s/o. Barma Mudde,
Age 60 years, Occu. Labour,
R/o. India Nagar, Latur,
Taluka and District Latur.
..
Applicant
Versus
The State of Maharashtra
Through the Police Inspector,
Shivaji Nagar Police Station,
Taluka and District Latur
..
Respondent
…
Mr. A. B. Jadhav, Advocate for the Applicant
Mr. N. T. Bhagat, APP for the Respondent-State
…
AND
CRI. APPLICATION/1165/2021 IN BA/476/2021
Swati d/o. Dashrath Dhotre,
Age 22 years, Occu. Student (Part time job),
R/o. India Nagar, Latur
..
Applicant
Versus
1.
The State of Maharashtra
Through Police Inspector,
Police Station, Shivaji Nagar,
Latur, Taluka and District Latur
2.
Sahebrao s/o. Barma Mudde,
Age Major, Occu. Nil,
R/o. India Nagar, Latur
..
Respondents
…
Mr. A. B. Jadhav, Advocate for the Applicant
Mr. N. T. Bhagat, APP for the Respondent No.1 State
Mr. A. B. Jadhav, Advocate for the Respondent No.2
…
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CORAM :
MANGESH S. PATIL, J.
DATE : 22.06.2021
PER COURT :-
After filing of the charge-sheet in Crime No. 436 of 2020
registered with Shivaji Nagar Police Station, Latur for the offences
punishable under Sections 302, 307, 452, 323, 504 and 506 read with
Section 34 of the Indian Penal Code, the applicant, who happens to be
one of the accused, is seeking bail under Section 439 of the Code of
Criminal Procedure.
2.
The First Information Report (FIR) has been lodged on the
basis of first dying declaration of the deceased wherein she alleged that
the family of the applicant and other accused are her neighbours. There
was dispute between them. They were asserting a right and title to the
property in which she was residing with her mother and daughter.
On account of such enmity, the applicant and other accused entered into
her house at about 10.30 p.m. on 16th December 2020, they started
abusing and assaulting all the three ladies. It is alleged that one of them
set her on fire.
3.
She was shifted to Civil Hospital with 60% burns. Her one
more dying declaration was recorded. Unfortunately, she died of the
burn injuries on 21st December 2020.
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4.
On the basis of first dying declaration, the offence was
registered. The applicant is arrested on 17th December 2020 and is now
seeking bail.
5.
I have heard learned Advocate for the applicant, learned
APP as well learned Advocate for the daughter of deceased, who has
filed Criminal Application No. 1165 of 2021, which is allowed.
6.
I have carefully gone through the papers.
7.
It appears that there are two dying declarations, first has
been treated as FIR on the basis of which the offence is registered. As
can be seen the deceased in the first dying declaration states about the
applicant having accompanied the other three accused Gopal, Rohidas
and Govind. Conspicuously in the second dying declaration she has
attributed allegations against other accused also by stating that even
they had accompanied these four accused. Be that as it may, in both
these dying declarations the applicant has been specifically named and
stated to have accompanied his brothers. Apparently no weapon was
carried by them. The dying declarations state that it is the accused Gopal
and Govind have set her on fire with the help of a gas stove. Though
there are allegations against the applicant about having assaulted the
mother and the daughter of the deceased, no specific role is attributed
to the applicant so far as the incident in which Gopal and Govind set her
on fire.
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8.
Same is the case with statements of prime witnesses,
namely daughter and mother of the deceased. Though they have been
unanimous in attributing the applicant with assault on them, they have
not stated about he having played any role in setting the deceased on
fire.
9.
Considering the all above facts and circumstances, it is a fit
case where the applicant deserves to be r