:1: 902.appa.1020.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1020 OF 2011 IN CRIMINAL APPEAL NO.163 OF 2009 Uttam V. Gandhale ..Applicant Vs. The State of Maharashtra ..Respondent Mr. D. G. Khamkar,for the Applicant. Smt. V. R. Bhosale, APP, for the Respondent. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- SEPTEMBER 13, 2011. P. C.: Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the Respondent-State. 2 The Applicant has been convicted for an offence punishable under Section 302 r/w Section 34 of the Indian Penal Code and had been ordered to suffer R. I. for life and to pay fine of Rs. 500/- and, in default, to suffer further R.I. for three months. 3 The Applicant submits that his brother was also convicted by the Trial Court and has been released on bail by order passed by this Court :2: 902.appa.1020.11 in Criminal Application No.23 of 2011. He submits that on the ground of parity, the Applicant also deserves to be released on bail. The learned Counsel has invited our attention to the said order dated 28th January, 2011 passed by this Court. He has also taken us through two dying declarations of his wife. It is submitted that, in the first dying declaration, the deceased had stated that the Applicant was not in the house and she poured kerosene and set herself on fire on account of harassment by the Applicant’s brother. In the second dying declaration, further she had stated that she was asked to give that statement by the Applicant and she had further stated that the Applicant and his brother had poured kerosene and set her on fire. 4 The Division Bench of this Court, in the earlier application filed by his brother had considered both these dying declarations, and had observed that the findings of the Trial Court does not appear to be proper and that the said finding is likely to be upturned at the time of hearing of the appeal, and therefore, granted bail to the brother of the Applicant. 5 In our view, the Applicant, therefore, is entitled to be released on bail on the ground of parity. 6 The Applicant is directed to be released on bail in connection with Sessions Case No.664 of 2007 arising out of C. R. No. 380 of 2007 on :3: 902.appa.1020.11 executing bail-bond in the sum of Rs.15,000/- with one or two sureties in the like amount. 7 The Applicant shall report to the nearest Police Station of his residence once in a week. 8 The application, accordingly, is disposed of. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)