1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2708 OF 2009 Pramod Tukaram Gaikwad .. Applicant Vs State of Maharashtra .. Respondent Mr. J.D.Mane, Advocate for the Applicant. Mr. S.S.Pednekar, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 25/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.05 of 2009 of Salgarvasti Police Station, Dist-Solapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302 of IPC. 3. There are three dying declarations of the deceased on record. The first dying declaration is recorded by the police constable on 25.1.2009 between 8.15 pm and 9.05 pm. The second dying declaration is recorded by the Executive T 2 Magistrate on 25.1.2009 at 10.05 pm. In both these dying declarations the deceased has specifically stated that she sustained burn injuries due to accident. She has not stated a word against the applicant-husband. However, in the third dying declaration, that was recorded on 26.1.2009 between 11.50 am and 12.20 pm by another Magistrate, she has specifically stated that the applicant poured kerosene and set her on fire. She has also given explanation as to why in the earlier dying declarations she did not say so. She has stated that the applicant had threatened her and, therefore, in the first two dying declarations she did not implicate the applicant. Mr Mane, learned counsel for the applicant, submitted that in view of the inconsistent dying declarations, the applicant is entitled for bail. He then submitted that the accused also sustained burn injuries when he attempted to extinguish the fire. This, according to Mr Mane, shows that the two dying declarations recorded on 25.1.2009 are natural and truthful. Having considered the submissions of the learned counsel for the applicant and inconsistent dying declarations, I am inclined to enlarge the applicant on bail. The applicant is directed to be enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make up 3 the said amount, subject to condition that the applicant shall report to the concerned police station on every Saturday between 6 and 7 pm for a period of three months and thereafter on first Saturday of every month between 6 and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)