1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Criminal Application (BA) No. 370/2011 (B.A.) (Mahendra S/o Arjun Khandare ..Vs.. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. P. Raghute, Advocate for the Applicant Mr. C. N. Adgokar, APP for Respondent-State CORAM : U.V. BAKRE, J. DATED : 15.9.2011. 1. The applicant who, has been arrested on 16/11/2010 in Chandur Bazaar Police Station, Crime No. 256/2011, registered for offence punishable under Sections 307, 302 and 498A of the Indian Penal Code (hereinafter referred to as the “IPC”), has filed the present application for bail. 2. The applicant is the husband of the deceased Sangita and their marriage took place in the year 2006. 3. According to the applicant, the dying declaration of the deceased corroborates the statement of her mother and relatives which means that they had forced the deceased to make such statement and, therefore, the same cannot be believed. It is also alleged by the applicant that no symptoms were found at the spot for pointing out the guilt of the applicant and that the dying declaration and the spot panchnama contradicts each other. 2 4. By way of reply, the respondent resisted the application stating that the statement of Rukhmabai Gawai, Sudhakar Ingle, Sunita Ingle and Rajesh Padghan prima facie prove the role played by the present applicant in the present crime and further there is on record the dying declaration given by the deceased on 16/11/2010, wherein the applicant has been implicated. It is also stated in the reply that if the applicant is released on bail, he may tamper with the prosecution evidence and may pressurize the witnesses. 5. Heard arguments. Mr. A. P. Raghute, learned Advocate argued on behalf of the Applicant and Mr. C. N. Adgokar, learned APP argued on behalf of the Respondent-State. 6. Perused the case papers made available to me by the learned A.P.P. 7. There is no dispute about the fact that the deceased died on account of burn injuries. Therefore, unnatural death of the deceased who is the wife of the applicant has taken place within seven years of the marriage. There are on record the statement of the mother, brother-in-law, sister etc., which show the deceased has been given ill-treatment. There is on record the dying declaration given by the deceased on 16/11/2010 wherein she has specifically stated that the applicant poured kerosene on her and set her ablaze. 3 8. The contention of the learned Advocate for the applicant that the deceased herself committed suicide and that the dying declaration is not reliable are the defences which cannot be looked into at this stage. There is strong prima facie evidence against the applicant. Charge-sheet has already been filed and the trial can be expedited. No case has been made out for granting bail at this stage. 9. Hence, the application is rejected. 10. The trial Judge shall expedite the trial of this matter. 11. Application stands disposed of accordingly. Steno copy granted. JUDGE Punde.