MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.692 OF 2008 IN CRIMINAL APPEAL NO.568 OF 2008 Mangala Bharat Thorat ..Appellant Versus State of Maharashtra ..Respondent Shri A.B. Kadam, for the appellant. Mrs. M.M. Deshmukh, APP for State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 17th October, 2008 DATED: 17th October, 2008 DATED: 17th October, 2008 P.C.: P.C.: P.C.: . The mother-in-law, who is the appellant is charged under Section 302 of the I.P.C. for having caused the death of her daughter in law. The trial Court after considering the dying declaration and also the evidence of the Doctor and the other evidence has found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code. 2. On behalf of the Appellant learned Counsel submits that the evidence of P.W.5 the Doctor should be disbelieved considering that she was not in a position to explain about the thumb impression of the accused. He has referred to the following statement:- "I cannot state whose thumb impression was on the said statement." 3. P.W.5 has deposed that when the deceased was brought in the hospital she was conscious and she was in a position to make statement and that he made endorsement. The deceased had injuries on her neck and face. Kerosene can as also match stick were 4. In our opinion considering the evidence on record this would not be a fit case for us to grant bail. It is no doubt true that in the course of the trial the appellant was on bail. The statutory provisions permit the Court to exercise discretion in case of female specially in the offence under Section 498A. In our opinion once the Sessions Court on the evidence has recorded a finding of fact prima facie at this stage it cannot be a case for us to grant bail. In our opinion no case for bail made out. 5. The contention that the accused being a female is entitled to get bail, in our opinion, the same deserves to be rejected. This Court has clearly from time to time stated that this Court cannot close its eyes to the fact that every year in this State about 300 women die in similar circumstances. This, in our opinion, is one of the reasons why this Court must take a firm stand. The deceased who was set on fire was also a woman. Hence application for bail is rejected. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)