1appln-1826-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1826 of 2010 Somnath Ratan Gadikar vs. State of Maharashtra. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr P.B. Kulkarni, for the Applicant. Mr S. N. Gawade, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 5TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant for his release on bail during the pendency of the matter for the offences punishable under Sections 498-A, 306 read with section 34 of I.P.C. registered vide C.R.No.122/2009 with Yeola Taluka Police Station, Nashik. 2. Co-accused, parents of the applicant, were already arrested and granted bail. Present applicant is arrested on 3.10.2009 and since then he is in custody. 3. Statement of the victim was recorded on the date of the incident 2appln-1826-10 i.e.on 28.9.2009. According to her, present applicant – her husband had gone to another village for some work and she was working in their agricultural land along with her in-laws. In the afternoon she came home from the field and started preparing some food. While she ignited the gas stove there was bursting, due to which her clothes caught fire and she sustained burn injuries. She ran out of the house and shouted for help. Neighbours and other relatives rushed for her rescue. They extinguished the fire and she was taken to the Primary Health Centre and that time her statement was recorded by the police. Apart from this statement of the victim there is no other dying declaration on record. However, still the order of Additional Sessions Judge – 2, Niphad indicate that dying declaration is incriminating against the present applicant. This is not a factual position and it was the error on the part of the Sessions Court. When this factual position is brought to the notice of the learned A.P.P. he obtained instructions from the Investigating Officer present in the Court and submitted that apart from the statement of victim recorded on 28.9.2009, there is no other statement/dying declaration. He submitted that the statements of other witnesses i.e.maternal relatives of the victim implicate the present applicant as to offence of 498-A of I.P.C. is concerned. Admittedly, it is not a case registered by the police for the offence u/s 302 or otherwise. 4. Considering the above submissions, the factual position, and grant of bail to the other co-accused and considering that during the incident the applicant was in another village and considering his prolonged custody since October, 2009 present application can be allowed with following order. 3appln-1826-10 ORDER (a) Bail application No.1826/2010 is allowed. (b) The applicant - Somnath Ratan Gadikar - accused in C.R. No. 122/2009 with Yeola Taluka Police Station, Nashik, shall be released on bail on executing a P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (d) Application is disposed of. (A.R.JOSHI,J)