{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1791 OF 2010 IN CRIMINAL APPEAL NO.197 OF 2010 Bhaskar Janardhan Salunke APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.H.Kasaliwal, Advocate h/f Mr.A.D.Kasaliwal, for applicant Mr. K.B.Chaudhari, Addl.P.P. For respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 23rd August 2010 PER COURT: 1. By this application, the applicant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail, during the appeal. 2. It appears that the applicant/appellant came to be convicted by the Additional Sessions Judge, Shrirampur by judgment dated 23.02.2010 in Sessions Case No.15/2008, for an {2} offence punishable u/s 302 of the Indian Penal Code and stands sentenced to imprisonment for life and to pay a fine of Rs.500/-. The applicant has been convicted on the allegations that the applicant, in an inebriated condition, by pouring kerosene on his wife, had set her ablaze. According to the prosecution, the accused, on returning from field in inebriated condition, had demanded that his wife, deceased, to prepare some preparation of eggs, which the deceased had declined on account of the fact that the day of the incident was Saturday and hence the accused, being enraged by this refusal, had poured kerosene on her and had set her ablaze. The prosecution mainly relied on written dying declaration at Exhibit-24 recorded by PW-2, Bhaskar. With the assistance of learned counsel for the parties we have perused the dying declaration. The dying declaration, in no uncertain terms, points out the culpability of the appellant in pouring kerosene and setting his wife ablaze. 3. Learned counsel for the applicant has filed an application and has placed certain documents on record, which include a dying declaration of the deceased recorded at Aurangabad, subsequent to the recording of the dying declaration at Exhibit-24. By this application, the applicant accused has sought liberty to place the documents on record. Obviously, in absence of proper proof of the documents, the documents cannot be looked into nor can they be considered while deciding application of bail. Prima facie, there is strong material against the {3} accused in the form of dying declaration (Exhibit-24) and additionally we find that the accused was not on bail during the trial. For the aforesaid reasons, there being no merit in the application, the application is dismissed. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln1791-10