IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1138 OF 2008 APPLICATION NO. 1138 OF 2008 APPLICATION NO. 1138 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 1069 OF 2008 APPEAL NO. 1069 OF 2008 APPEAL NO. 1069 OF 2008 Shashikant Uttam Gangurde ] .. Applicant Versus The State of Maharashtra ] .. Respondent Mr. Tushar Sonawane for the applicant. Mrs. A.S. Pai, APP, for the respondent. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 22ND OCTOBER, 2008 P.C. : 1. Heard both sides. 2. The applicant/appellant has been convicted under section 302 for committing the death of his wife. There are two dying declarations on record. In the first dying declaration which is recorded by the Special Executive Magistrate, the deceased stated that at the instance of the accused/appellant she poured kerosene on her person and also she set herself on fire because the accused directed her to set herself on fire. As against this, there is another dying declaration subsequently : 2 : recorded by the Head Police Constable after three days wherein the deceased has stated that her husband poured kerosene on her person and set her on fire. Both the dying declarations conflict with each other so far as the cause and the manner in which the incidence has taken place. It shows the involvement of the accused in different ways. 3. Therefore, we are inclined to grant bail to the accused/applicant. The accused/applicant is directed to be released on bail of Rs.10,000/- with like surety. 4. Criminal Application, accordingly, stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]