1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.357/2011 ( Ejaj s/o Babulal Deshmukh ..Vs.. State of Maharashtra, through P.S.O., P.S. Ural, Distt. Akola ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.Shakil & Mr. C.G. Barapatre, Advs. for applicant. Mr. S.S. Doifode, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 14.7.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant on bail, against whom offence bearing Crime No.69/2010 is registered, at the police station Ural, Distt. Akola under section 307, 498-A, 302 read with 34 of the Indian Penal Code. 2. On the completion of investigation, chargesheet has been submitted and now case is pending before learned Additional Sessions Judge, Akola being Sessions Trial No.50/2011. 3. Shahanj Parvin had married the applicant on 20/5/2010. After marriage she went to her parents house. After staying with her parents for about a month, she returned to her in-laws house on 13/9/2010. Incident occurred on 14/9/2010. Alleging that she was not returning to her matrimonial house, the applicant started quarrelling with her. Annoyed with the act of his wife, staying with her parents for number of days, applicant poured kerosene oil on her person and set her on fire. 2 4. The dying declaration of the deceased was recorded by the Police Sub-Inspector, which bears an endorsement of the Medical Officer. In that, she narrated the incident. According to her, she was set on fire by the applicant – her husband. 5. It is the contention of learned counsel for the applicant that there are many flaws in recording of the dying declaration and hence it cannot be relied upon. He invited my attention to the inquest panchanama. According to him, when there were burn injuries to the palm of the deceased, it could not have been possible to obtain her thumb impression. 6. It is well settled principle that while deciding bail application, detailed examination of the evidence cannot be undertaken. 7. In the postmortem note it is mentioned that the superficial burns were present all over the body. It does not mean that the entire body was charred, else it would have not been possible for the deceased to speak and to give dying declaration. 8. Considering the nature of accusations and the evidence available on record, the applicant cannot be released on bail. 9. Application is rejected. 10. Learned Sessions Judge, Akola shall see that the trial is conducted as expeditiously as possible. JUDGE Tambaskar.