1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.776 OF 2010 Ashok Maruti Deokar )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Vikas Shivarkar for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 29th March, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.101/2006 registered by the Jejuri Police station, Pune for alleged offence under Section 302 of IPC. The allegation is that he has murdered his wife. The incident has taken place on 12.9.2006. She has given dying declaration categorically stating that the present applicant poured kerosene on her and set her on fire since there was a dispute going on between her and her husband regarding sale of their cow and spending of the money i.e. Rs.10,000 from the said sale. The dying declaration states that her husband came in a drunken condition and set her on fire by pouring kerosene. The contention is that he has also suffered burn injuries on the leg and hands and this is not mentioned in the dying declaration. The lady in question has suffered 89% burn and she has stated that her husband instead of helping her, ran away. It is not expected that when she was herself burning, she would have observed the applicant as to what percentage of burns the 2 applicant has suffered. Statements of the neighbors are recorded and they also state that the present applicant was ran away. Nobody has made reference to the injuries suffered by him. Apart from this, C.A report indicates kerosene on clothes of the deceased as well as present applicant. Reference is also made to certain discrepancies in the dying declaration. It is not possible to hold that dying declaration is fabricated. Not a fit case to grant bail. Application is therefore, rejected. Since it is contended that the applicant is a handicapped and some certificate to indicate this position is annexed, the trial is expedited. It is also made clear that the observations made in this order will not be used against the present applicant at the time of his trial. (R.S.MOHITE,J) 3