/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1176 OF 2008 IN CRIMINAL APPEAL NO.554 OF 2008 Jimi Patrick Rodriques & Ors. ...Applicants Vs. The State of Maharashtra ... Respondent --- Mr. C.R. Mishra for Applicants Mr. P.A. Pol APP for State ---- CORAM: V.M. KANADE J. DATED 20TH OCTOBER, 2008 P.C. 1. Heard the learned Counsel for the Applicants and learned APP for the State. The Trial Court has convicted the Applicants for the offences punishable under section 498 and 306 r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for three years and 5 years respectively for the aforesaid offences. The Applicants are in jail since last eight months. The Applicants, however, on bail during trial. 2. The learned Counsel appearing on behalf of the Applicants has invited my attention to the fact that mother of the deceased has turned hostile and she had not supported the prosecution case. The only evidence against the present Applicants is the dying declaration, which was recorded by the police officer. The learned Counsel for the Applicants submits that / 2 / though three dying declarations were recorded by the police, there are several inconsistencies in the said dying declarations. 3. Since the mother of the deceased has not supported the prosecution case and the entire prosecution case is based on the three dying declarations and since there are inconsistencies in the said dying declarations. In my view, on account of these two facts, the Applicants are entitled to get bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant No.1 shall report to Matheran Police Station once in a month. V.M. KANADE J.