1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1317 OF 2008 IN CRIMINAL APPEAL NO. 907 OF 2008 Ramesh Padhu Dhobale ..Applicant Vs. The State of Maharashtra .. Respondent Mr. M.S. Karnik for applicant. Mr. V.B. Konde-Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. July 30, 2009. P.C. 1. We have heard Mr. Karnik the learned counsel for the applicant. Criminal Appeal No. 907 of 2008 has been filed by the applicant against the order of conviction and sentence under Section 302 of IPC and he has been sentenced to suffer life imprisonment. 2. With the assistance of Mr. Karnik, we have gone through both the dying declarations as well as the depositions of PW 4 – Pundalik Sangale, who recorded the first dying declaration and PW 7 - Shivkumar Manohar Avalkanthe, Nayab Tahsildar, who recorded the second dying declaration. We have also gone through the depositions of the Medical Officer Dr. Pratibha Patil. We are satisfied that no case has been made out to release the applicant on bail by suspending the order of sentence under Section 2 389 of Cr.P.C., more so when it is clear from the record that deceased was his wife, she sustained 100% burn injuries and the prosecution case was that she was set on fire by the applicant on account of some quarrel in the house. 3. Hence, the application is rejected. 4. However, the learned counsel for the applicant is granted liberty to file private paper book within eight weeks from today and the same shall be certified by the Registry on the basis of the R & P. Liberty to apply for fixing the early date of hearing as soon as the appeal is ready for hearing. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)