1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1348/2009 IN APPEAL NO. 263/2009 Balaji V.Mane Applicant Vs. The State of Maharashtra Respondent Mr.R.N.Gaikwad for the petitioner Ms.Kejriwal,APP for State CORAM : SMT.RANJANA DESAI, & SMT.MRIDULA BHATKAR,JJ. DATE : 20th JANUARY, 2010 . P.C. . The applicant is convicted for offence punishable under section 302 of the Indian Penal Code in Sessions Case No.935/.2006 . The case of the prosecution is that he has committed murder of his wife by pouring kerosene on her person and setting her on fire. In this application the applicant has prayed for bail. 2] We have heard learned counsel for the applicant at some length. He submitted that when the incident took place the applicant was not at home . He had gone to his sister’s house. He submitted that the prosecution witnesses have not supported the case of the prosecution that the applicant poured kerosene on the deceased and 2 set her on fire. Learned counsel submitted that in the circumstances the applicant be released on bail. 3] Learned A.P.P. has opposed the application. 4] In our opinion the applicant has not made out any case for bail. There are two dying declarations of the deceased made soon after the incident in which she has categorically stated that it is the deceased who poured kerosene on her and set her on fire . One dying declaration is recorded by the Special Executive Magistrate. The applicant has not led any evidence to prove alibi. In the circumstances the applicant cannot be released on bail. The application is rejected. (Smt.Ranjana Desai,J.) (Smt.Mridula Bhatkar,J.)