1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4555 OF 2008 Hiraman Sadashiv Patil ...... Applicant. V/s The State of Maharashtra (At the instance of Ganeshpuri Police Station, District Thane) ...... Respondent. ----- Mr. R.D. Suryawanshi for the applicant. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 6th January, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was arrested in connection with the offence punishable under section 302 of the Indian Penal Code. Prosecution case is that on 08/07/2007, the applicant poured kerosene on his deceased wife and set her on fire. Counsel appearing on behalf of the applicant submitted that only evidence against the present applicant is in the form of two dying declarations which were recorded belatedly after the deceased was admitted in the hospital. 2 3. The learned APP invited my attention to the statement of the neighbour of the applicant who has stated that after she heard shouts of the deceased, she entered the house and, at that time, found that one Rockel Can was found lying on the floor and the applicant stated that his wife caught fire on the stove. The learned APP submitted that the two dying declarations and the evidence of this witness clearly indicates that the applicant has committed the said offence. 4. Since principal evidence against the present applicant is based on the two dying declarations which have been recorded after a lapse of almost 10 hours after the deceased was admitted in the hospital and since the applicant himself had suffered 30% burn injuries while trying to extinguish the fire, in my view, on account of these two circumstances, applicant deserves to be released on bail. Applicant also has one son and if the applicant is released on bail he would be in a position to take care of his son. 5. Applicant be released on bail in the sum of Rs 5,000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 6. Application is disposed of. (V.M. KANADE, J.)