1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 719 OF 2010 Uttam Waman Mhaske ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri V.P.Latange, advocate for the applicant Smt. Vaishali Shinde , A.P.P. For the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13th April, 2010 PER COURT : 1 Heard Shri V.P.Latange, advocate for the applicant and Smt. Vaishali Shinde , A.P.P. for the respondent. 2 This is an application preferred by the applicant seeking bail in connection with CR No. I-309 of 2008, registered at Shrigonda police station, District Ahmednagar, for the offence punishable under Sections 302, 498A 323 504, 506 r/w 34 of the Indian Penal Code, since the 2 applicant was arrested thereunder on 21.1.2009 and is under judicial custody presently. . 3 At the out set, applicant Uttam Mhaske is the husband of victim Anita Mhaske. It appears that the dying declaration of victim Anita Mhaske, recorded on 8.11.2008 by the police personnel, was treated as first information report and offence came to be registered on the basis of the said dying declaration, initially under Sections 498A 323 504, 506 r/w 34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was incorporated therein on the death of victim on 13.11.2008. 4 On perusal of the contents of dying declaration, recorded on 8.11.2008, it appears that the applicant married with victim Anita about 8 years back and the applicant was addicted to consumption of liquor and the said couple was blessed with two daughters, namely Nilam and Diksha. It is alleged that the applicant used to consume liquor and used to assault victim Anita as well as used to make unlawful demand of money to her to purchase motor car, as well as used to threaten her that he would kill her. 5 It is also alleged that on 8.11.2008 at about 4.00 p.m. since victim Anita was not feeling well she was sleeping in the house. At that time applicant woke up and asked her to serve food and also asked her to leave his house and go to her parental house. The mother-in-law 3 namely Alka also quarrelled with victim and asked her to go away leaving the matrimonial home. Hence, victim demanded money to go to parental house. Thereupon the applicant herein got wild and poured kerosene on the person of victim Anita at the instigation of mother-in- law and lit a match stick and set her ablaze. Victim Anita started shouting loudly, and therefore, neighbourer Madhu Mhaske extinguished the fire. It is also alleged that when the applicant set victim Anita ablaze, there was bursting and thereupon the applicant also sustained burn injuries. 6 Considering the contents of the dying declaration of victim Anita, it is apparent that specific role and overt act has been attributed to the applicant during the occurrence of the incident and the complicity of the applicant in the alleged crime is also apparent. The postmortem notes disclose that the victim succumbed to the injuries and cause of death is disclosed as, “shock due to burns” and the victim sustained 78 per cent burns. 7 In the circumstances, although the investigation has been completed and the charge sheet has been filed, considering the seriousness of the offence and the complicity of the applicant therein, I am of the view that it is not desirable to enlarge the applicant on bail, and therefore, the present application deserves to be rejected. 9 In the result, present Criminal Application No. 719 of 2010 4 being sans merit stands dismissed. However, liberty granted to the applicant to apply before the trial court for expeditious hearing of the trial and if the applicant prefers such application, learned trial court to consider the same on its own merits in accordance with law. (SHRIHARI P. DAVARE), JUDGE. dbm/crap719.10