IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.196 OF 2009 1. Nitin Soudagar Pawar 2. Ajinath Dadasaheb More ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Rahul S. Kate for Applicants Mrs.M.H.Mhatre,APP for State ---- CORAM: V.M. KANADE J. DATED 21ST JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. The Applicants have been arrested in connection with the offence punishable under sections 302, 147, 148 and 149 of the Indian Penal Code. 3. It is alleged that the Accused caught hold the deceased Sarubai Phadtare, poured kerosene on the deceased and set on her fire. Three dying declarations have been recorded. In the first two dying declarations, the names of the Applicants have not been mentioned. Even in the history, which was given by the deceased in the hospital to the doctor, the names of the Applicants were not mentioned. However, in the third dying declaration, which is recorded by the Special Executive Magistrate, the deceased had stated that the present Applicants were instigating others to pour kerosene on the deceased and set her on fire. Apart from that, there is no other evidence in the form of any eye witnesses who have seen the Applicants ran away from the place. 4. In the present case, chargesheet has been filed. The only allegation against the present Applicants is that their were instigating the others. In the first dying declartion, the names of the Applicants are not mentioned. In view of the discrepancies in the dying declarations, the Applicants are deserve to be released on bail, particularly when there is no other evidence in the form of any eye witnesses or the circumstantial evidences implicating the present Applicants in the commission of offence. 5. The Applicants be released on bail in a sum of Rs.5,000/- each with one or two sureties in the like amount. They shall report to the concerned police station once in a week. 6. Application is, accordingly, disposed of. V.M. KANADE J.