1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 628/2009 (Rajendra Vasantrao Landge .vs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 24th JUNE, 2009 Heard Shri Khare advocate for the applicant and Shri Sonare APP for state. By this application under section 439 of Cr.P.C., the applicant is claiming bail. He is being prosecuted for the offence under section 307 of IPC arising out of crime no.145/2008 of P.S.Samudrapur, Wardha. Learned counsel for the applicant has contended that the earlier dying declaration dated 5.12.2008 which is recorded at about 9.30 p.m., does not implicate the applicant. The said D.D.is not filed along with the charge sheet. As per order of this court dated 29.4.2009, the copy of the same is supplied to the applicant. Learned APP has pointed out that the statement of Satish Thakre recorded during the course of investigation to the effect that after the incident the applicant had informed this witness that his wife 2 has caught fire, then he left that place with his son. It appears that he did not try to extinguish the fire. It further appears that if the statements of the witnesses are accepted, the dying declaration which is pressed into service by the applicant appears to be not correct. The possibility of it being made to save the applicant, as at that time there was possibility of future cohabitation, can not be ruled out. In these circumstances, bail cannot be granted. Application is rejected, however with liberty to the applicant to move the trial court for bail, if the trial does not commence within a period of 3 months from today. Learned trial Judge is directed to frame the charge against the applicant and start with the trial as early as possible and in any case within a period of one month from today. Above observations are prima facie view of the matter and they shall not influence the learned trial Judge while deciding anything on merits. Application stands disposed of. JUDGE SMP