1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1814 OF 2011 Raju s/o. Kashinath Shendge, Age 34 yrs., Occu. Labour, R/o. Bharatnagar, Aurangabad. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. A.K. Bhosale, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 8th June, 2011. PER COURT : 1. This application is filed under section 439 of Criminal Procedure Code for regular bail in Cr. No. 372/2010 registered with Mukundwadi Police Station, Aurangabad under section 302, 307, 34 etc. of the Indian Penal Code. The APP has made papers available and both the sides are heard. 2. The crime came to be registered on dying declaration given by the wife of the present applicant. She has made allegations that her husband had returned home after two days and so she made inquiry as to why he had not come for two days. There was no money with her for day to day expenses. The husband picked up quarrel and during quarrel, the 2 husband poured the kerosene on the person of deceased and set her on /fire by lightening the matchbox. It is contended that she ran out of the room and brother of husband extinguished the fire and shifted to her hospital. The papers of investigation include dying declaration given to doctor and also dying declaration recorded by Executive Magistrate. The statement of Sunil, brother of the applicant, to the effect that oral dying declaration was given to him also needs to be considered. Thus the case is based on the oral dying declaration and recorded dying declarations. There is possibility of tampering with the prosecution witnesses. The advocate for the applicant submitted that the applicant is required to take care of five issues, who include the youngest issue, aged about one year. The record shows that the parents of the applicant are there and they are granted bail. The case is ready for trial and the case can be expedited by the Sessions Court. So it is not the fit case to grant the bail to applicant. So, the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1814.11