1 APPA 554/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 554 OF 2011 IN APPEAL NO.47 OF 2011 Vaijnath Kacharu Bansode : Applicant. versus The State of Maharashtra : Respondent. Ms.Nasreen Ayubi advocate appointed for the applicant. Mr.J P Yagnik, APP, for the State/Respondent. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 13TH JULY 2011 P.C. 1 Heard. 2 Applicant was convicted and sentenced for life on the charge of committing murder of his wife by pouring kerosene on her person. According to learned counsel for the applicant, the applicant was on bail during trial. The learned counsel submitted that as the applicant used to receive phone calls from his office, his wife objected the same and when she inquired with him, it was revealed that the calls were made by women colleagues working in his office. Therefore, the wife got agitated, went inside the room, bolted the room from inside and probably committed suicide by pouring kerosene on her person. The learned counsel submitted that the applicant has three minor children. He therefore submitted that in case the applicant is released on bail, the applicant would be in a position 2 APPA 554/11 to look after his three minor children out of which one is a disabled child. 3 The learned APP for the State/Respondent submitted that there is a dying declaration (Exhibit 22). The applicant did not make any effort to save life of his wife. Therefore, the application be rejected. 4 We have perused the record, the written statement made by the applicant under Section 313 of the Criminal Procedure Code and the medical evidence. The deceased suffered 61% burnt injuries. It emerges from the record that husband and wife along with three children were in the house when the incident took place. The applicant-husband does not deny his presence in the house. His defence is that his wife got agitated on applicant's receiving phone calls from his office, went inside the room, bolted the room and after she started shouting, the applicant could see that she had poured kerosene on her person. He tried to extinguish the fire. 5 The applicant was on bail during trial, according to the learned counsel for the applicant. The applicant has three minor children out of which one is a disabled child. It is necessary to take care of these children. It is submitted that at present the children are with PW No.1 who is sister of deceased. The learned counsel for the applicant submitted that if the applicant is released on bail, he would personally take care of his children. 3 APPA 554/11 6 Considering all the facets and circumstances of the case, on certain conditions, we are inclined to release the applicant on bail. 7 The application is allowed. The order of sentence is suspended. Applicant Vaijnath Kacharu Bansode be released on bail on his executing personal bond of Rs.15,000/- with one or two sureties in the like amount. The applicant shall report to Wanwadi Police Station, Pune once in a month for a period of six months and thereafter once in every three months till final disposal of appeal. The applicant shall furnish his residential address and telephone numbers to the concerned police station. 8 Secretary, Legal Services Authority shall disburse part payment of fees to the advocate appointed. 9 Application is accordingly disposed of. 10 Registry to communicate this order to the applicant. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)