FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3623 OF 2011 GAFFAR PASHAMIYA DESHMUKH VERSUS THE STTE OF MAHARASHTRA ... Advocate for Applicant(s) Mr. R.S.Shinde h/f Mr. Choudhari N. L. APP for Respondent(s) Mrs. R.K.Ladda. ... CORAM SHRIHARI P. DAVARE, J. Dated September 13, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail, in connection with Crime No.29/2011, registered at Udgir (Rural) Police Station, District Latur for the offences punishable under sections 302, 323 of Indian Penal Code. 3. It appears that initially offence has been registered under section 323 and 307 of Indian Penal Code on the basis of the statement/complaint of the victim herself namely Bhagubai Raju Bere on 16.3.2011, but subsequently since she succumbed to the injuries, section 302 was added and offence was converted therein, and said statement dated 16.3.2011 of the complainant victim was treated as dying declaration. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Contents of the said statement of the victim categorically reflects name of the applicant herein, and, there are specific allegations against the applicant and also specific role has been attributed to him during the occurrence of the incident that the applicant herein assaulted the complainant and poured kerosene from can on her person and set her ablazed. There is eye witness to the occurrence of the incident namely Vicky i.e. son of the complainant, whose statement is in consonance with the contents of the complaint. Moreover, postmortem notes discloses that victim sustained 90-95 % deep burns and probable cause of her death is due to ‘Septicemia due to superficial deep burns about 90-95%’ and viscera was preserved for Chemical Analysis. Besides this, kerosene can was recovered at the instance of the applicant under the memorandum of panchanama under section 27 of the Indian Evidence Act. 4. Accordingly, having comprehensive view of the matter, there are incriminating pieces of evidence against the applicant, which apparently connects the applicant with the alleged crime. Hence, although investigation has been completed and chargesheet has been filed, applicant is not entitled to be released on bail. 5. In the result, present application lacks merits and FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders therefore, stands dismissed. 6. Above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. Present application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) aaa/- ***