IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 145/2009. (Haridas Tulshiramji Abruk ..vs... State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- CORAM : S.R.DONGAONKAR, J. DATE : 23rd APRIL, 2009 Heard Shri Daga, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. This is an application for grant of bail under Section 439 of Cr.P.C. The applicant is facing trial for the offence under Section 302, 498-A arising out of Crime No.108/2008 of Police Station Paratwada. It is the allegation of the prosecution that on 11.9.2008 at about 10 a.m the accused/applicant had set fire to the deceased. It is also allegation of the prosecution that she was being ill-treated and harassed prior to that. The prosecution has mainly relied on the dying declaration dated 11.9.2008, wherein she had told that the husband i.e present applicant beats her, coerced her and he had poured kerosene on her person and set fire to her. Learned counsel for the applicant has contended that the marriage between the parities took place about 19 years back. There was no ill-treatment at all and the report lodged by the brother is quite belated. He has referred to the statement of one Gourishankar, which shows that he had gone to the spot immediately after the incident after hearing shouts of the applicant. He has made a statement that deceased Rajni was sitting in burnt condition on chair and she was covered with bed sheet. The applicant had also suffered some burn injuries. His statement does not refer to the disclosing by the deceased as to how the incident had occurred. Learned APP has relied on the Kararnama, which was executed by the applicant some time in 2004, wherein the applicant had assured that he would not ill-treat the deceased Rajni. The statements of the children of the deceased & applicant show that there used to be frequent quarrels because of drinking habit of the applicant and there was ill-treatment at the hands of the applicant. In these circumstances, the applicant would not be entitled for bail, as the trial is likely to commence in near future. The application is rejected. However, liberty is granted to move for bail if the trial does not commence within a period of three months from today. The learned trial Judge to expedite the hearing of the matter. It is made clear that the above observations are in prima facie view of the matter and therefore, the same shall not influence the trial Judge in any way while deciding the matter on merits. Application disposed of. JUDGE Rvjalit