- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 958 OF 2008 APPLICATION NO. 958 OF 2008 APPLICATION NO. 958 OF 2008 Balu Sadhu Gaikwad ...Applicant vs. The State of Maharashtra ...Respondent Mr.Shreesam Shirsat for the Applicant Ms M.H.Mhatre, A.P.P. for State CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATE DATE DATE : APRIL 23,2008 : APRIL 23,2008 : APRIL 23,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel appearing for the Applicant. 2. By this application, the Applicant is seeking bail under section 439 of the Code of Criminal Procedure,1973 in C.R.No.I-166/07 registered at the instance of Kolsewadi Police Station for the offence under section 307 of the Indian Penal Code. The Applicant has moved this application after suffering adverse order dated at the hands of the Additional Sessions Judge, Kalyan passed below Exh.C in Sessions case No.221/2007 wherein the learned Additional Sessions Judge observed as under: "3) It is seen from the police papers particularly injury certificate that Vandana w/o. accused was burnt 37% on head, neck, face and other parts of the body. Complaint clearly shows that on account of cruel treatment of accused she had poured kerosene on her person. However, she alleged that the burned Cigarette was thrown by accused on her person. However, in her supplementary - 2 - statement she has stated that her daughter Sunita and her son Pawan Kumar informed that the accused had thrown burnt match-stick on her person. Equally in her statement which was recorded in the form of dying declaration, recorded on 28/7/2007 she had stated the version of throwing burnt Cigarette by accused on her person. It appears that the victim is discharged on 5/9/2007. On going through the statement of witnesses, it goes to show that the accused had thrown burning match-stick on the body of complainant. However, as per the complaint Pawan and Sunita were only present there. 4. Considering the fact that there was cruel treatment given by accused to the complainant and receiving serious injuries by her and thereafter stated about throwing burning match-stick I feel that involvement of the present accused is primafacie clear from the police papers. Hence, primafacie case is made out against him. His first bail application was already rejected. In these circumstances, he does not deserve for bail. Hence, the order." 2. Having seen the above primafacie findings recorded, no case is made out to take a contrary view. In this view of the matter, Application is rejected. However, trial be treated as expedited trial. - 3 - JUDGE JUDGE JUDGE