1 BA 1165 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1165 OF 2011 Vilas Vitthal Kedari .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Avinash Kamkhedkar, for the applicant. Mr. S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th September, 2011 P.C. 1. The learned APP states that she has not been able to secure the presence of Investigation Officer alongwith the relevant papers. This is possibly because the applicant is the brother of police constable and the incident took place in the police line. Though the learned counsel for the applicant states that the entire copy of chargesheet and accompaniments have been filed, but notes of postmortem examination are not available. Learned APP is also unable to make available the same because investigating Officer is not responding to her requests. There is statement of one Swati Mundhe, the sister of the deceased which shows that on 4th January, 2011 i.e. on the day of incident, one Madhukar Gonde had made a telephone call and told her that the victim’s husband and mother in law had poured kerosene on the 2 BA 1165 OF 2011 victim’s person and set her on fire. In the second dying declaration it is stated that on 4th January, 2011, the victim’s brother in law Madhukar Gonde was very much present at the victim’s house and had just left before the incident took place. Therefore, his having made telephone call to Swati Mundhe is not improbable as also his having first learnt of the incident. 2. Learned counsel for the applicant submits that in the first dying declaration given by the victim when she was declared fit by Medical Officer at Sassoon Hospital on 4th January, 2011, she had stated that her Saree caught fire when she was igniting the domestic gas for heating milk. . 3. The report of one police Head Constable Jagdale, Chatursinghi Police Station, dated 4th January, itself show that at the Sassoon Hospital, victim was admitted with the history that while she was igniting the water heater (bumb), when she poured kerosene in the ignited heater (bumb), she caught fired and had sustained 50% burns. Thus, these two versions i.e. report of Jagtap and dying declaration of victim, are different. There is one Madhukar Gonde, who is supposed to have informed Swati Mundhe, on the morning of 4th itself that the applicant and his mother had set the victim on fire and there is second dying declaration of the victim recorded 8 days after the incident, clearly implicated the applicant and his mother. The non co-operation of the Investigating Officer 3 BA 1165 OF 2011 as stated by the learned APP may be because the applicant is the brother of a police constable, staying in the police line and incident also took place in the police line. The applicant is not entitled to bail. Application is rejected. (R. C. CHAVAN, J.)