IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINALAPPLICATION NO. 1303/2008 Naim Shah Karim Shah vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 22 nd APRIL, 2008. Heard Shri J.B.Kasat, Advocate, for the applicant and Smt. Khade, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is the husband. He is accused of setting fire to the deceased wife. The offence is registered as Crime No.69/2007 for the offence punishable under Section 302, 498-A r/w Section 34 of the I.P.C. The charge-sheet has been filed, however, the trial is yet to commence. The applicant seems to have been arrested in October, 2007. Learned A.P.P. has relied on the evidence as regards earlier incident of the offence under Section 498-A committed by the applicant. It is of 2002. Hence, possibly that cannot be treated as nexus for commission of this offence. As regards the dying declaration, learned counsel for the applicant has rightly pointed out that there are three dying declarations, which are some what inconsistent with each other and also showing improvements. It also appears that there is discrepancy as regards thumb print of the deceased on the said dying declarations. In one dying declaration, it is stated that as the thumbs of the hands of deceased have been burnt, the thumb print of the leg was taken, however, on the other dying declaration, the thumb print of her hand appears to have been taken. No doubt, these matters are to be decided by the trial Court at the time of trial, but fact remains that there is doubt as regards truthfulness of the dying declaration. Leave this apart, the applicant has tried to extinguish the fire of the deceased and he has suffered 8% burn. This fact is not disputed. In these circumstances, as it is not informed that the trial is likely to commence in near future, the applicant would be entitled for bail. However, subject to conditions. The applicant be released on bail for the offence punishable under Section 302, 498-A r/w Section 34 of the I.P.C. in Crime No.69/2007 on furnishing surety and P.R. Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE Rvj.