1 Cri.A.5290.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5290 OF 2011 Pravin Kanhayalal Sonar, R/o Rahulnagar, Dhondaicha Tq. Dhondaicha, District Dhule. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.S.G.Ladda,Advocate for Applicant. Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 22.12.2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicant is arrested in Crime No. I-51 of 2011,registered with Police Station Dhondaicha, District Dhule. Dying declaration of victim Kalpana came to be recorded on 8th June, 2011 at Dhule Hospital, before the Special Executive Magistrate, wherein she has attributed role of the present applicant. On the basis of that, FIR was 2 Cri.A.5290.11 recorded. 3. Learned Advocate Mr. Ladda has drawn my attention to the page NO. 37 of the compilation and it was submitted that it would be necessary to peruse the medical papers so as to ascertain what was mentioned to the Doctor before whom Kalpana was produced. Accordingly, the medical papers are made available to the Court. At the time of admission of the Victim Kalpana on 07.06.2011 at 9.25 hours it is reported to the Doctor that accident taken place on account of explosion of stove at 6.30 hours. This statement made to the doctor is contrary to the statement/dying declaration made before the Special Executive Magistrate. Apart from this material, a statement of parents of Kalpana are recorded. However, they do not indicate specific allegation of cruelty to Kalpana at the hands of present applicant. 4. In my view there is variance in the dying declaration and the FIR, on this count the present 3 Cri.A.5290.11 applicant can be granted bail. Hence, following order is passed. (i) Application for bail is granted. (ii) The applicant is ordered to be released on bail, in connection with in Crime No. I-51 of 2011, registered with Police Station Dhondaicha, District Dhule in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.25,000/-(Rupees Twenty Five Thousand). (ii) The applicant shall report to the concerned Police Station on every Second Saturday between 11.00 a.m. to 4.00 p.m. for a period of six months from the date of order. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 4 Cri.A.5290.11