:1: 14.appa.1135.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1135 OF 2011 IN APPEAL NO.396 OF 2010 Mahadu @ Mahadeo N. Kale ..Applicant Vs. The State of Maharashtra ..Respondent Mr. R N. Gite,for Appellant. Mr. K. V. Saste, APP for Respondent. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- SEPTEMBER 28, 2011. P. C.: Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2 This is a second application for bail. The first application was disposed of, as not pressed. The Applicant was convicted for the offences punishable under Section 302 of the IPC and sentenced to suffer RI for life and also to pay a fine of Rs.1,000/- and, in default, to suffer further RI for one month. :2: 14.appa.1135.11 3 The prosecution case is that the Applicant poured kerosene on deceased-Taslima and set her on fire. As a result of which,she sustained 100% burns and succumbed to the injuries and died. The three dying declarations were recorded during the course of investigation and in all these three dying declarations the deceased has stated that the Applicant poured kerosene and thereafter set her on fire. 4 The learned Counsel for the Applicant submits that endorsement of the Medical Officer was not obtained on the dying declarations and therefore, reliance ought not to have been placed on these dying declarations. It is further submitted that there is no material on record to indicate that the deceased was having an affair with the Applicant. It is submitted that the Applicant is in Jail since last two years and there is no substantive evidence to implicate the Applicant in the commission of the said offence. 5 In our view, the said submissions cannot be accepted. The Trial Court has observed that there were three dying declarations. The first one is extra judicial oral dying declaration made to PW-1, the second is the statement recorded by the PSI and the third dying declaration was recorded by Nayab Tahsildar Shri. Wagh. Apart from relying on the said three dying declarations, the Trial Court has also relied on the other circumstantial evidence. Taking into consideration the material which is :3: 14.appa.1135.11 there on record, in our view, this is not a fit case for grant of bail. The application for bail is, therefore, rejected. 6 However, hearing of the Appeal is expedited. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)