1 APPA.1308-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1308 OF 2010 IN CRIMINAL APPEAL 798 OF 2010 Shrirang Shridar Jahagirdar ...Applicant. Vs. The State of Maharashtra ...Respondent. ---- Mr. Rahul S. Kadam, for the Applicant. Mr. Y.S. Shinde, APP for the State. --- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JANUARY 24, 2011. P.C.:- 1. We have heard Mr. Kadam, the learned counsel for the applicant who prays for release of the applicant on bail during the pendency of Criminal Appeal No.798 of 2010. 2. In Sessions Case No.715 of 2009, the applicant came to be convicted for the offence punishable under Section 302 of IPC and he has 2 APPA.1308-2010 been sentenced to suffer rigorous imprisonment by the learned Sessions Judge at Pune, as per the judgment and order dated 9.9.2010. Criminal Appeal No.798 of 2010 challenging the said order filed by the applicant has already been admitted by this court. 3. The prosecution examined in all 10 witnesses, in support of its case entirely based on circumstantial evidence. We have perused the depositions of five witnesses viz. PW-1-Habib Khan Yusuf Pathan, PW-6- Dr. Prashant Moon, PW-5-Mahadeo R. Vichare, PW-4- Sadhu D. Binavade and PW-2- Sulbha Jadhav, the mother of the deceased. As per the prosecution deceased Madhuri was married to the applicant on 2.10.2008 and on 25.4.2009 while she was at home in the company of the accused at about 7.30 p.m., the accused poured kerosene on her and set her ablaze, as he was suspecting her fidelity and there was argument between them. She was immediately rushed to the hospital and it was the applicant who himself accompanied her. PW-6 Dr. Moon who recorded the medical history and in the medical report at Exh.16 he recorded the homicidal death of the deceased at the hands of the applicant-husband. The prosecution also 3 APPA.1308-2010 based its case on the dying declaration recorded by PW-1-Habib at Exh.14 on the very same day i.e. 25.4.2009, and C.R. No.116 of 2009 came to be registered soon thereafter for the offence punishable under Section 307 of IPC. The victim died on 30.4.2009. Though the Investigating Officer did not take any steps to get the dying declaration recorded through the Magistrate. That by itself need not be considered at least as of now to support the plea of the applicant to release him on bail by suspending the order of sentence under Section 389 of Cr.PC. 4. Having considered the circumstances of the prosecution case, prima facie, we are not inclined to suspend the order of sentence so as to release the applicant on bail. Hence, the application is rejected. 5. However, the applicant is at liberty to apply for fixing an early date of hearing of the appeal as soon as the paper book is ready. Paper book expedited. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)