1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 251 OF 2011 ( Madan Sureshrao Madage Vs. State of Maharashtra P.S. Chandur Bazar Distt. Amravati) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. M. Daga Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 9th JUNE, 2011. . The applicant has filed this application for releasing him on bail pending trial. Incident occurred on 08.03.2011 at 5.30 p.m. at the autorikshaw stand in village Sonori Taluka Chandur Bazar District Amravati. Dinesh Wadulkar had sustained 50% burn injuries because of the fire that had occurred on the spot. It is alleged that petrol was thrown at the deceased and at that time deceased was smoking. The First Information Report reveals that the deceased used to ply autorikshaw in village Sonori. The accused-applicant owns motor cycle. At the time of incident he was filling petrol in his motorcycle. There was altercation between the deceased and the accused over the amount of Rs. 20/- which the deceased was supposed to receive from him i.e. accused. It further reveals that while the deceased was leaving the spot, the accused-applicant 2 threw petrol on his person. Since the deceased was smoking bidi, he caught fire. After 14 days of the incident deceased succumbed to the injuries. During investigation police recorded the statements of witnesses who have been named by the deceased in his dying declaration. One of them is Jitendra. In the reply filed by the learned APP a reference to the statement made by this witness has been made. It is transpired in the statement of Jitendra that the accused was filling petrol in his motor-cycle and at that time the deceased was also present. Then the deceased lighted a match stick to light the bidi. The petrol which was in the can caught fire, and the can fell on the person of the deceased. The accused and some other had carried the deceased to hospital. The statement of Namdeo reveals that the accused has a motor cycle. From the half litre can containing petrol he started putting it in a petrol tank of the motor cycle. At that time deceased went there. He lighted a match stick to light bidi. The petrol in the can caught fire and the can fell on the person of the deceased and because of that he sustained burns. Even in the dying declaration the deceased had stated that he was smoking bidi at the time of incident. Considering the nature of evidence collected by the prosecution it would be proper to release the accused on bail. Accused is directed to be released on bail on his executing PR bond in the sum of Rs. 25,000/- and two sureties in the like amount with a condition that he shall attend the Police Station Chandur Bazar once in a week, preferably on Monday in between 10 a.m. to 2 p.m. till the trial is over. JUDGE 3 svk From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.