1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO. 842 OF 2009 Shrimant Pandharinath Inule ...... Applicant. V/s The State of Maharashtra ...... Respondent. Mr. Amol A Deshpande for the applicant. Mr. S.S. Pednekar, APP for the State. CORAM: V.M. KANADE, J. DATE : 5th March, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been arrested in connection with the offence punishable under section 302 of the Indian Penal Code which is registered at Loni Kalbhor Police Station vide C.R. No.309 of 2008. It is alleged that the applicant poured kerosene on his wife and set her on fire. Three dying declarations of the deceased has been recorded. In the first dying declaration, she has stated that she was suffering from stomach ache for a long time and since she was frustrated by the said ailment, she poured kerosene and committed suicide. In the second dying declaration, she, however, has stated that the applicant had extramarital affair and when she informed this fact to her parents, the applicant was annoyed and he used to harass her and on the date of incident, he came home in drunken state, assaulted her with stone 2 (Pata) and, thereafter, poured kerosene on her, set her on fire and bolted the door from outside and, later on, he alongwith neighbours came inside and took her to hospital. In the second dying declaration, she has stated that the said other lady was also present and she had helped the applicant pouring kerosene on her. In the third dying declaration also there have been several inconsistencies and contradictions. In the spot panchanama, the panchas could not find stone tablet with which the applicant had assaulted the deceased. 3. Taking an over all view of the matter and in view of the different stands which are taken by the deceased in her dying declarations and that being the only material which is on record, in my view, applicant deserves to be released on bail. 4. Applicant be released on bail in C.R. No.309 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station twice in a month. 5. Application is disposed of. (V.M. KANADE, J.)