..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1885 OF 2008 Mr.Rajkumar Chhotelal Sharma. ..Applicant. Versus Versus Versus State of Maharashtra ...Respondent. .... Mr.Subhash Jha, Adv. for Applicant. Mr.K.V.Saste, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 7th July, 2008. DATED : 7th July, 2008. DATED : 7th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.178 of 2007 of Kolsewadi Police Station, Kalyan, Thane. The said case is under Section 302 of IPC. 3. The prosecution case is that the applicant set his wife on fire. There are three dying declarations on record. In all the dying declarations, the wife of the applicant has stated that there was quarrel hence she poured kerosene on herself and thereafter applicant set her on ..(2).. fire. 4. Mr.Jha, the learned Advocate for the applicant submitted that the case would not fall under Section 302 of IPC and it would be covered by one of the exceptions to the said section i.e. when the incident took place during sudden quarrel. No doubt, there was a sudden quarrel between the applicant and his wife. However, after the wife poured kerosene on her body instead of calming her down the applicant has set her on fire. In such case, it is seen that he has taken undue advantage of the situation. Thus, the case would not fall under the exception. Hence, I am not inclined to grant bail to the applicant. Application for bail is rejected. 5. The observations in the present order are only prima facie and they shall not influence the Sessions Court while deciding the trial. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)