( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.1712 of 2008 CRIMINAL APPLICATION No.1712 of 2008 CRIMINAL APPLICATION No.1712 of 2008 Kalyan Bhima Wagh .. ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr Jaydeep D. Mane, Advocate for the Applicant. Ms P. P. Shinde, A.P.P. for the State/Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 05.06.2008. DATED : 05.06.2008. DATED : 05.06.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel appearing for the applicant-accused and the learned A.P.P. for the respondent-State. 2. Perused the application and material available on record. 3. The applicant-accused is seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.291 ( 2 ) of 2007 under Section 302 of the Indian Penal Code registered with Pandharpur Taluka Police Station. 4. This application is moved by the applicant after having suffered adverse order dated 18.4.2008 passed by the 2nd Additional Sessions Judge, Pandharpur which specifically mentions that the applicant was having immoral relations with the deceased Smt.Mandakini. 5. On the fateful day, at the time of incident, prosecution witness i.e. Damu Bayaji Bansode had seen the applicant in the company of the deceased. During the course of investigation, the statement of Smt Godabai Shivaji Namde, one of the neighbours of the deceased was also recorded, who has clearly stated that after having heard commotion in the house of the deceased, she immediately went to the spot of incident and found that the deceased was caught by fire. She put a bed sheet on her person. At that time, the deceased was crying and shouting in Marathi that, "Kallya Ne Mazha Ghat Kela". This fact is also reflected in the ( 3 ) statement of prosecution witnes Balbhim Pawar. According to the prosecution, the applicant was known as "Kallya". One of the sons of the deceased, namely, Gurudev Dada Jadhav has also implicated the present applicant in his statement. He went to the extent of stating that the applicant has poured kerosene on the person of deceased and set her on fire. All this material is taken into account by the Trial Court while rejecting application. 6. In view of the existence of sufficient material to connect the present applicant with the offence alleged against him and the role played by him, this is not a fit case for grant of bail. 7. In the result, the application is rejected. However, any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. ( 4 ) JUDGE. JUDGE. JUDGE.