IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 508/2008 Dhananjay Shrawan Maskar vs.. The State of Maharashtra --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th MARCH, 2008. Heard Shri B.A.Parmar, Advocate, for the applicant and Shri Sonare, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant who is the husband of the deceased is being prosecuted for the offence punishable under Section 498-A, 306 r/w Section 34 of the I.P.C. The trial is pending against the applicant. The prosecution has relied on the dying declaration of the deceased. However, on close perusal of the said dying declaration, it is difficult to say that the case under Section 498-A and perhaps under Section 306 of the I.P.C. is clearly made out. Of course, the observations are in prima facie view of the matter. The fact remains that in such circumstances, though the applicant being the husband of the deceased, he would be entitled for bail, more so because the applicant had tried to save the deceased. Hence, the applicant be released on bail on furnishing surety and P.R.Bond of Rs. 15,000/- subject to conditions that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in the prima facie view of the matter and they shall not influence the learned trial Judge while deciding the matter on merit. Application stands disposed of. Hamdast granted. JUDGE Rvj.