MANOHAR BANKAT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are seeking Regular Bail in connection with Crime No.147 of 2019 registered with Shirdhon Police Station, District Osmanabad for the offences punishable under Sections 302 , 307 , 498(A) & 34 of IPC. Their application with similar prayer bearing Criminal Bail Applications No.45, 46 & 47 of 2020 came to be rejected by the learned Additional Sessions Judge, Osmanabad vide order dated 28.02.2020.

(2.) The learned counsel for the applicants submits that the complaint came to be lodged by father of deceased Priyanka on 28.10.2019 on the basis of oral dying declaration made by deceased Priyanka before the parents and her sisters. Learned counsel submits that in the complaint, a specific role has been ascribed to co- accused Mahesh, the husband of deceased Priyanka and the allegations as against the applicants are restricted to the extent of ill-treatment being extended to deceased Priyanka on account of non fulfillment of demand of cash amount. Learned counsel submits that even though, deceased Priyanka was alive till 01.11.2019, her dying declaration was not recorded through Executive Magistrate. Learned counsel submits that on 28.10.2019, after Priyanka met to her parents and made her oral dying declaration before them, the police recorded dying declaration of deceased Priyanka wherein the allegations have been made against applicant nos. 1 & 3.

(3.) The learned APP has strongly resisted the application on the ground that deceased Priyanka has named the applicants in her dying declaration recorded by the police with specific role ascribed to each of them. Learned APP submits that, at this stage, the formality like endorsement on the bottom of dying declaration is not required to be considered and the same may be considered by the trial Court during the full fledged trial of the case. Learned APP submits that all the applicants were present in the house and as such, their participation in the crime as narrated by the deceased in her dying declaration cannot be ruled out. Learned APP submits that there are allegations about ill-treatment being extended to deceased Priyanka on account of non fulfillment of an unlawful demand of cash amount of rupees one lac for construction of the house. There are serious allegations. Deceased Priyanka was first administered diesel and thereafter she was set on fire. She had sustained 95% burn injuries. The applicants may not be released on bail.