..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2597 OF 2008 Shri Dwarkanath Nivrutti More. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Shriram s. Kulkarni, Adv. for applicant. Ms.A.T.Jhaveri, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 6th August, 2008. DATED : 6th August, 2008. DATED : 6th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.76 of 2008 of Khadak Police Station, Pune. The said case is mainly under Section 302 of IPC. 3. The applicant was married to Kavita. The prosecution case is that on 6.4.2008 the applicant set Kavita on fire. The first dying declaration of Kavita was recorded on 7.4.2008. In the said dying declaration Kavita has stated that she caught fire due to accident. However in the ..(2).. second dying declaration recorded on 8.4.2008 Kavita has stated that her husband set her on fire and as she was pressurised by the husband, in the first dying declaration she stated that she had caught fire due to accident. The statement of two children of Kavita has been recorded. Both the children have stated that they heard noise hence they got up. At that time, they saw that their father (applicant) was extinguishing the fire. Both these children have stated that their mother did not tell them anything at that time. However, thereafter on 8.4.2008 their mother informed them that she had been set on fire by the applicant. The first act noticed by both the children is that the applicant was extinguishing the fire. The statement of the neighbour Tarabai shows that the applicant was extinguishing the fire. When the fire was being extinguished, Kavita did not inform the neighbour or her children that the applicant had set her on fire. Till that point of time, there was no opportunity for the applicant or any other accused person to threaten Kavita so as to give a false statement. 4. Looking to all these facts, I am inclined ..(3).. to grant bail. 5. The applicant - Shri Dwarkanath Nivrutti More to be released on bail in the sum of Rs.35,000/- with one or two sureties to make up the said amount. The applicant shall report to Khadak Police Station, Pune once in a week, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)