IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 834 OF 2009 Tarabai Prakash Nikhade ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.K. Shinde i/b. Sagar Kasar for Applicant for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 27TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant is the husband of the deceased. It is alleged that the Applicant had poured kerosene on the deceased and set her on fire. The dying declarations have been recorded. In all these dying declarations, the consistent version given by the deceased that the Applicant had poured kerosene and set her on fire. 3. The learned Counsel for the Applicant submits that there are discrepancies in these dying declarations and he further submitted that the mother-in-law had taken her to the hospital. He further submitted that the offence under section 498A is not spelt out from the complaint, which is filed against the Applicant. 4. These submissions cannot be accepted. 5. Taking into consideration the consistent version given by the deceased in the dying declarations, no case is made out for grant of bail. The Application for bail is rejected. 6. It is further clarified that the Trial Court shall not be influenced by any observations made by this Court while rejecting the bail application since these observations are of prima facie nature and the Trial Court shall decide the case on merits and in accordance with law. 7. Application is disposed of. V.M. KANADE J.