IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLCIATION NO. 787/2008 Shantkumar @ Shtamkumar Gyanbaji Wathmare vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 11 h MARCH, 2008. Heard Shri E.W.Nawab, Advocate, for the applicant and Shri Yengal, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is facing prosecution for the offence under Section 306 of I.P.C., arising out of Crime No. 1/08 of Police Station Kalamna, Nagpur. Learned counsel for the applicant has pointed out that the deceased had made a statement before the police, while she was being treated, that due to her mistake she suffered burn injuries while lighting the stove. The dying declaration which is pressed into service by the applicant is not a part of the charge sheet. One other dying declaration has been relied by the prosecution which is made orally to the sister of the deceased (Prema). However, though she had visited the hospital on 7.12.2007, her statement appears to be recorded on 4.1.2008 i.e. after considerable delay. There is no satisfactory explanation as to why her statement would not be recorded earlier. In the circumstances, the applicant would be entitled for bail. Applicant be released on bail on furnishing surety and P.R.Bond of Rs. 15,000/- subject to conditions that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial Court. Hamdast granted. It is made clear that the above observations are in prima facie view of the matter and shall not influence in any way the trial Judge while deciding the matter on merit. JUDGE Rvj.