1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2162 OF 2009 Suresh S/o Jayram Pagare Versus The State of Maharashtra. *** Mr. P. B. Waghmare, Advocate for the Applicant. Mr. P. M. Suryawanshi, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel for the Applicant extensively. The accused in custody, in Crime No.I-199 of 2008 registered with City Chowk Police Station, Aurangabad, for an offence under section 302, 498-A, 323, 504 of Indian Penal Code, seeks to enlarge him on bail. The counsel contends there is belated lodging of the report, the spot Panchanama was not drawn in the presence of the accused, the accused was under intoxication, there should have been a reflection of intention in fixing the liability for homicidal death, certification on the dying declaration is not annexed with the charge sheet. The accused/ applicant has three orphans and the youngest (chhoti) is in a most miserable condition for want of company. 2. In a matter of bride burning, where the husband in custody from December, 2008, on the above aspects 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. a bail is sought. The report of father of the deceased indicates past behaviour of accused as to how he was harassing the deceased, as to she gave birth to only three female children as against desire of the husband for male baby. The dying declaration of the deceased Vandana recorded immediately after the incident by the concerned authorities did bear a certification, that she was in a conscious state of mental health to make a disclosure or the statement. It cannot be said that the wife was under any influence or pressure of her father at the material time. She has succumbed to the injury. She was on death bed at the material time and conscious. There are remote chances that the wife could have implicated accused falsely. Then comes belated lodging of report. No sooner the father got information, he rushed to his daughter, took her to hospital and approached police. Then comes drawing Panchanama. The accused immediately after the incident did not make himself available to the police. The police could not wait for him and consequently they drew the Panchanama, witnessed by independent persons. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. The contention of the miserable situation of the kids and particularly the youngest baby (chhoti), though is a matter of concern not a ground by itself to seek bail. The accused cannot plead that he was under a tranvr at the material time, as that may be aspect of intoxication but the consequences of his brutality are surfaced as he has hit his wife with the cooker, she sustained injuries and then with sole intention to eliminate her, he doused kerosene from the stove and the small lamp tin and ignited her. These aspects merely leans at this stage to indicate his intention to foreclose the chapter permanently. 4. In the situation, no merit in the matter. Bail rejected. 5. The observations made herein are primary in nature. [K. U. CHANDIWAL, J.] Dated:23/07/2009. ans/2162