1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2891 OF 2009 Shri Mukesh Kapur Tak .. Applicant Vs State of Maharashtra .. Respondent Mrs. S.A.Dhamale, Advocate for the Applicant. Mr. J.P.Yagnik, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 09/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in R.C.C. No.433 of 2009 arising from C.R.No. I-64 of 2009 of Bhadrakali Police Station . The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302 read with 34 of IPC. 3. I have perused a dying declaration of the deceased-Rakesh Jadhav recorded by Special Judicial Magistrate,Nashik. He has, in detail, stated as to how he was set on fire by the accused persons. Insofar as the present applicant is concerned, he has stated that he poured petrol on his person and the co-accused T 2 Kailash set him ablaze. I have also perused the statement of Suresh Vima Pawar to whom an oral dying declaration was made by the deceased immediately after the occurrence. Having considered overall facts and circumstances of the case, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. 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.)