1 1 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.3925 OF 2008 Arun Subhash Kamathe .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.J.Shekhar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.42 of 2008 of Saswad police station, Dist. Pune. The said crime has been registered against the applicant and his parents for having allegedly committed an offence punishable under sections 302, 498-A r/w 34 of IPC. 3. The incident in which the deceased - Deepali sustained burn injuries occured on 28.4.2008. She died on 14.6.2008. Their are two statements of the deceased on record. The first statement was recorded on 28.4.2008 and the second statement was recorded on 29.4.2008. In the first dying declaration Deepali has stated that she sustained burn injuries due to accident. She has further stated that at the relevant time she was all alone at home and her husband and his 2 2 2 parents had gone out. In the second dying declaration she has changed her version and has attributed specific role to all the three accused. She has stated that the parents of the applicant caught hold of her and the applicant poured kerosene and set her on fire. She has further stated that after she caught fire her in-laws closed the door from outside and were telling everyone that she caught fire due to accident. Keeping the inconsistency in two dying declarations in view and considering that the parents of the applicant have already been released on bail I am inclined to grant this application for bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 7 and 8 pm till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)