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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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955-BA-476-21.odt

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 16^th 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 21^st December 2020.

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955-BA-476-21.odt

4.

On the basis of first dying declaration, the offence was

registered. The applicant is arrested on 17^th 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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955-BA-476-21.odt

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