IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 680 OF 2009 IN CRIMINAL APPEAL NO. 159 OF 2009 DR. AJIT VISHWANATH BORADE .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. RESPONDENT Mr. M. S. Karnik for the applicant Mr. V. B. Konde-Deshmukh, APP CORAM:-SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATE:- 3/2/2010 P.C. The applicant was tried by the Sessions Court Nasik in Sessions Case No. 205 of 2007 for offences punishable under Section 302, 120-B r/w Section 34 of the IPC along with one Sangeeta Suryawanshi, accused 2. By judgment and order dated 167/1/2009 the trial court acquitted accused 2. However, the present applicant is convicted under Section 302 and Section 498-A of the IPC. He is sentenced to undergo to suffer life imprisonment. His appeal is admitted. This is his application for bail. 2. We have heard learned counsel for the applicant at some length. Learned counsel submitted that the trial court has not properly appreciated the evidence. He submitted that trial court has overlooked the fact that there was fire in the house due to short circuit. This is established by the fact that the applicant has received 18% burn injuries. Learned counsel submitted that the trial court wrongly accepted the prosecution case that there was love affair between the applicant and original accused 2 and, therefore, the accused killed the deceased. This inference could not have been drawn from letters which were found in the house. He submitted that apart from this there is no another credible evidence on the basis of which the trial court could have convicted the applicant. In the circumstances, the applicant be released on bail. 3. It is not possible for us to accept the submission of learned counsel. We must note that the applicant was not on bail in the trial court. The deceased had received 100% burn injuries. Kerosene was found on the floor of one of the rooms of the house of the accused. In our opinion, the accused has not probabalised his evidence. The story that there was fire on account of short circuit is prima facie not acceptable to us. The fact that certain letters written by original accused 2, who has been acquitted, to the applicant were recovered from the house lends assurance to the prosecution case. 4. In the circumstances the applicant cannot be released on bail. Application is dismissed. (Smt. Ranjana Desai, J.) (Smt. Mridula Bhatkar, J.)