1 BA-1699-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1699 OF 2011 Mr. Shamsuddin S/o Kamruddin ... Applicant (Orig. accused) vs. The State of Maharashtra ... Respondent Mr.Mobin Solkar, Advocate, for the applicant. Mrs. P.P.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th December, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.84/2011 registered with Vithalwadi Police Station for the offence under Section 302 of IPC. 2. Prosecution case, in brief, is that deceased was married with the present applicant/accused about five years prior to her death. They had also a son aged about 10 months at the time of the incident of this case. The applicant had extra-marital affairs with one Sheela, who used to work in bar and because of this, relations between the husband and the wife were strained. On 12.5.2011, at about 2 BA-1699-11.sxw 2 a.m., some quarrel took place between the husband and the wife and the accused poured kerosene on her from a stove and set her ablaze with a matchstick because of which she suffered about 85% burn injuries and finally died. 3. The learned Counsel for the applicant points out that immediately after she was taken to hospital, ASI Kadam, who was on duty in the hospital, sent a report to the Police Station that while heating food for her husband, she had caught fire from flame of kerosene stove and thereafter she was brought to the hospital. That information was entered in the station diary at 3.40 a.m. At 4.45 a.m., PSI Kadu went to the hospital and recorded her statement wherein she stated that her husband had set her ablaze after pouring kerosene. At 10.20 a.m., the Executive Magistrate also recorded her statement wherein she stated that she had caught fire due to the flame of stove while heating the food. Thus, there are conflicting statements about the incident. Admittedly, there is no eye-witness. The spot panchnama does not show that there was any smell of kerosene from the floor or from the clothes of the deceased. The C.A. Report is not available though the incident had occurred about seven months before. 4. In view of the above circumstances, the applicant is granted bail in the sum of Rs.30,000/- with one or two sureties in the like amount with condition 3 BA-1699-11.sxw that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)