jpc ba731-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 731 OF 2011 Ravi Vallayya Gadambawar ... Applicant Versus The State of Maharashtra ... Respondent Mrs. Padma V. Tatode for the applicant Mr. J. P. Kharge, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 15th July, 2011. P.C. : 1. Heard Mrs. Tatode, the learned advocate for the applicant and Mr. Kharge, the learned APP for the State. 2. Smt. Gudiya-wife of the applicant- caught fire on 1/12/2010. She was taken to Hospital but succumbed to the burn injuries on 5/12/2010. Before her death, three statements of the said Gudia were recorded. In the first one, which was recorded by the Police, she advanced a version that the applicant had poured Kerosene over her and set her on fire. In the second statement, recorded on the same day by a Special Executive Officer, she gave the same version. Another statement of Gudia was recorded on the next day i.e. on 2/12/2010 by the Special Metropolitan Magistrate. In that statement also she said that she was set on fire by jpc ba731-11.sxw 2 her husband i.e. the applicant. 3. Additionally, she is alleged to have made an oral dying declaration to the same effect, to her son. The emphasis of the learned advocate for the applicant is on the fact that the other circumstances as revealed in the course of investigation do not support the dying declarations. I find that there is no material even to contradict the dying declarations. It is now well settled that a dying declaration is on par with any other piece of evidence. 4. In the circumstances, it cannot be said that there exists no prima faice case against the applicant. I am, therefore, not inclined to release the applicant on bail. However, since except the dying declarations, there is no other material against the applicant, it would be just and proper to expedite the trial. 5. The application is rejected. 6. However, the trial Court is directed to expedite the trial and complete it within a period of four months from today. 7. Liberty to apply afresh for bail, should the trial be not over within that time. (A.M. THIPSAY, J.)