1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3364 of 2009 Devanand v. The State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anil Mardikar, Adv for applicant Mr Adgokar, APP for State Coram : A.P. Bhangale, J Dated : 5th January 2010 1. Heard learned counsel for the parties. Applicant was granted liberty vide order dated 13th April 2009 passed by this Court in Criminal Application No. 623 of 2009 to apply for bail in case trial did not commence within three months therefrom. Trial has not begun for one or the other reason and applicant is, therefore, exercising liberty granted to him. 2. In the first dying declaration, deceased Reshma had stated that due to cat jump, burning lamp slipped and fell on her person owing to which she received burn injuries. In the second dying declaration, however, she implicates applicant. It is alleged that he was insisting upon her to bring Rs. 500/- from her father. 3. If there is plurality of dying declarations, prudence 2 requires that unless the dying declarations are consistent, it would not be safe to accept the adverse one for declining bail to accused. Contention on behalf of applicant that prima facie chances of conviction of applicant on the basis of material collected are remote, finds credence. Hence, I am inclined to grant bail to the applicant. 4. Applicant be released on bail in Crime No. 171/08 registered with Police Station, Mangrulpeer for the offences under Sections 302, 498A read with Section 34 of the Indian Penal Code upon his furnishing PR Bond in the sum of Rs. 30,000/- with one or two solvent sureties in the like amount. Applicant shall not tamper with prosecution evidence and shall not communicate with any of the prosecution witnesses in any manner. He is directed to leave his fixed address along with telephone/cell phone number (if any) with the trial Court as also with the Investigating Officer and inform them in the event of any change therein. Application stands disposed of accordingly. It is made clear that observations made in paragraph 3 above are limited for the purpose of deciding bail application and the trial Court shall not be influenced by the same while dealing with the trial on merits. Judge. Hsj