[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.423 OF 2008 IN APPEAL NO.294 OF 2008 Jagannath Tukaram Gaikwad ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.Vilas B.Tapkir advocate for applicant Mr.Y.S.Shinde A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : APRIL 28, 2008 DATE : APRIL 28, 2008 DATE : APRIL 28, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 304-II of IPC and sentenced to imprisonment for five years. The case of the prosecution is that the applicant set Nagma on fire. The first dying declaration of Nagma shows that she sustained accidental burns. In the second dying declaration, she has stated that applicant set her on fire. The applicant had sustained 31% burn injuries. In the [-2-] second dying declaration wherein Nagma has implicated the applicant, she has stated that applicant extinguished fire. The applicant was on bail during the trial and he has not misused the liberty granted to him. This statement is not controverted by the prosecution. Looking to the above facts and contradictory dying declarations and looking to the fact that applicant had extinguished the fire and in the process, he had also sustained 31% burn injuries, I am inclined to grant bail to the applicant. 3. The applicant-Jagannath Tukaram Gaikwad to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount during the pendency of the appeal. The applicant to report to the Vishrantwadi police station, Pune once in a month till the disposal of the appeal. 4. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]