[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2495 OF 2008 Mr.Santosh Bhau Kagale ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.M.J.Bhatt Advocate for Applicant Ms.A.T.Jhaveri APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.117 of 2007 of Islampur Police Station, Dist.Sangli. The said case is mainly under Sections 498-A and 302 of IPC. 3. The applicant is husband of deceased Ashwini. Ashwini sustained burn injuries and she came to be admitted in the hospital. In the first dying declaration of Ashwini, she has stated that her mother in law has set her on fire. No role is [-2-] attributed to the present applicant. However, thereafter, in the second dying declaration, she has stated that her husband and father in law caught hold of her and thereafter mother in law poured kerosene on her person and set her on fire. Looking to the fact that in the first dying declaration, no role at all, has been attributed to the present applicant, prima facie, I find much merit in the submission that the applicant has been falsely implicated by way of an after thought, hence, I am inclined to grant bail. 4. The applicant-Santosh Bhau Kagale be released on bail in the sum of Rs.35,000/- (Rs.thirty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Islampur Police Station, once in a week till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]