1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5124 OF 2009 Mr.Vithalsingh N Thakur : Applicant. versus The State of Maharashtra : Respondent. Mr. C V Lad for the Applicant. Mr. Y M Nakhwa, APP, for the State. CORAM : V. M. KANADE, J. DATE : 8th December 2009 P.C. 1. Heard the learned counsel for the Applicant/Accused and the learned AGP for the Respondent-State. 2. The Applicant/Accused has been arrested in connection with the offence punishable under Section 302 of the Indian Penal Code. The prosecution case is that the Applicant poured kerosene on his deceased wife and set her on fire. The dying declaration of the deceased has been recorded by the Special Executive Magistrate. Statement of the daughter of the Applicant was also recorded. The Statements of the neighbours were also recorded. In the dying declaration the deceased has categorically named the Applicant as a person who poured the kerosene 2 on her and who set her on fire. The daughter also stated in her statement that her mother i.e. the deceased woke her up from her sleep and informed her that the Applicant had committed the said act of setting her on fire. The five years old daughter also received a burn injury. The neighbours also came there and extinguished the fire. The deceased also gave same version to the neighbours. 3. Considering the aforesaid material on record, in my view, this is not a fit case to grant bail. Hence the Criminal Application is dismissed. However, the trial is expedited. [V M KANADE, J]