1 APPA 570.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.570 OF 2011 IN CRIMINAL APPEAL NO. 963 OF 2006 Mr. Ramchandra L. Padyal. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. S.V. Marwadi for the Applicant Mr. P.S. Hingorani, APP for the State CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 14th JULY 2011. P.C. :- Heard. 2. The Accused - Applicant is in custody from 21.12.2004 on the accusation of homicidal death of his wife in an incident dated 20th December 2004 in which she has succumbed to burn injuries. 3. The couple was in the house with their daughter and other children. Out of the wife asking the accused - Applicant as to why he has consumed liquor, the accused got annoyed and out of such angriness in his mind being under influence of liquor, it is alleged that he set his wife Reena ablazed. She 2 APPA 570.11.sxw expired after three days having suffered 40% burn injuries. 4. Though a question about the genuineness of dying declaration is raised at this stage, it is not desirable to reconsider the same but fact remains that Rita, the 10 years old daughter, in her evidence-in-chief illustrates that accused set his wife ablaze. However, she disputes the same on the ground that she did not witness the evidence as she was away. The father of the deceased also did not support the prosecution. 5. Considering the sole evidence of dying declaration recorded by the Police Officer and accused being in custody since long, we are inclined to release the accused - Applicant on bail. 6. The Applicant be released on bail with P.R. Bond in the sum of Rs.15,000/- with one or two sureties in like amount. 7. The Application is disposed of. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)