abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 228 OF 2008 Ananda Sitaram More .. Applicant V/s The State of Maharashtra .. Respondent Mr.N.R. Bubna for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 27TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with an offence registered with Jaikheda Police Station, Nashik under C.R. No.I-1/2007 punishable under sections 302, 498A, 323, 506 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that on 31st December 2006, the applicant, who is the husband of the deceased Ranjana More, poured kerosene on her body, lit - 2 - a match stick and burnt her alive. 4. Learned counsel for the applicant submitted that the mother, father and sister of the applicant have been granted bail and therefore the applicant is entitled to bail on parity. He submitted that there is contradiction between the dying declaration recorded on 31st December 2006 and the statement of the deceased recorded on 1st January 2007 and therefore this raises doubt about the veracity of the prosecution case and therefore also the applicant is entitled to bail. 5, As regards the parity, it may be noted that in her statement dated 1st January 2007, the deceased has specifically stated that the applicant has poured kerosene on her body and put her on fire by lighting a match stick. No such allegation has been made against the father, mother and sister of the applicant. The allegations against the father, mother and sister are only of previous harassment. Hence, there cannot be parity between the other relatives and the applicant. 6. It is true that there is a contradiction between the dying declaration and the statement of the deceased recorded on 1st January 2007. However, that is a matter of appreciation of evidence at the stage of trial. Prima facie, there is material against the applicant. - 3 - The deceased in her statement dated 1st January 2007 has specifically narrated the manner in which she was burnt. 7. Considering the prima facie evidence available against the applicant and the nature and gravity of the offence which is punishable either with death or imprisonment for life, in my view, the applicant is not entitled to bail. Hence, application is rejected. (D.G. KARNIK, J.)