1 appa1224.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1224 OF 2010 In CRIMINAL APPEAL NO.367 OF 2010 Sou. Subhadra Haribhau Chaudhary : Applicant (Orig. Accused no.1) V/s. The State of Maharashtra : Respondent .... Mr.A.P.Mundargi i/b. Ms Revati Mohite for the applicant. Mr.Y.S.Shinde, Addl. Public Prosecutor for the State. .... CORAM : D.D. SINHA & A.P.BHANGALE,JJ. DATE : OCTOBER 13, 2010. P.C.: Heard the learned counsel for the applicant and the learned Addl. Public Prosecutor for the State. 2. This Criminal Application is moved by the applicant for bail. 3. The learned counsel for the applicant has submitted that in the instant case, the deceased Tejasvi gave one oral dying declaration to P.W.2 Vijay and two dying declarations were recorded by P.W.4 Shashikant and 2 appa1224.10 P.W.10 Naik, both police officials. It is submitted that in the instant case, so far as the first oral dying declaration given by the deceased to P.W.2 is concerned, the deceased has not implicated the present applicant, who is the mother-in-law of the deceased. On the contrary, the deceased has stated that her sari accidentally caught fire. It is further contended that so far as the third dying declaration (exh.36-A) is concerned, the trial Court discarded the third dying declaration on the ground that it was not voluntary and the deceased wanted to involve all the family members. The learned counsel for the applicant further contended that out of these three dying declarations, the dying declaration (exh.29) alone implicates the applicant. It is submitted that the applicant being a lady and in view of the inconsistent versions coming from these dying declarations, the applicant may be released on bail. 4. The learned Addl. Public Prosecutor, on the other hand, submitted that though the deceased has not implicated the applicant in the first dying declaration and there are some improvements in the third dying dying declaration (exh.36-A), so far as the second dying declaration (exh.29), the deceased has stated that the applicant poured kerosene on her person and set her on fire. It is further contended that the said dying declaration is also corroborated by the medical evidence since the probable cause of 3 appa1224.10 death is due to 100% burns. 5. We have considered the contentions canvassed by the respective counsel. In the instant case, the applicant is a lady and, therefore, this is an additional consideration which weighs with us in the instant case. Similarly, there are three dying declarations given by the deceased, one was oral and the two dying declarations were recorded by police officers. In the first oral dying declaration, the deceased has not implicated the applicant. Similarly, the third dying declaration (exh.36-A) has been discarded by the trial Court itself on the ground that the same was not voluntary. It is in view of these inconsistencies in these three dying declarations and the applicant being a woman, we are of the view that a case is made out for grant of bail. 6. In the result, the applicant (original accused no.1) be released on bail, subject to furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties in the like amount. Criminal Application stands disposed of. (D. D. SINHA, J.) (A.P. BHANGALE,J.)