( 1 ) cria1194.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1194 OF 2011 IN CRIMINAL APPEAL NO. 139 OF 2011 Kailas s/o. Kachru Nikam .. Applicant Versus The State of Maharashtra .. Respondent Mr. N.S. Ghanekar, Advocate for the applicant. Mrs.R.K. Ladda, A.P.P. for the respondent/State. CORAM : NARESH H. PATIL & T.V. NALAWADE, JJ. DATED : 15.04.2011 ORAL ORDER [PER : T.V. NALAWADE,J.] :­ 1. The applicant is convicted for offence punishable under Section 302 of the Indian Penal Code by the Additional Sessions Judge­3, Aurangabad, by decision dated 09.03.2011. The application for bail is made by contending that there is possibility that the deceased committed suicide and she gave false statement in the dying declaration. It was submitted ( 2 ) cria1194.11 that during the Trial also the applicant was on bail and so he needs to be granted bail. 2. Both the sides are heard. The record of Sessions Case was called and this Court has perused the record. The record shows that there is evidence of dying declaration recorded by Police Officer Sk. Abdul Gani (P.W.5). On the basis of this dying declaration, the crime was registered against the accused­applicant for the offence punishable under Section 307 of the Indian Penal Code. The dying declaration is duly proved. The Medical Officer who certified the fitness though on separate document like requisition letter is examined by the prosecution. There is also evidence of Dying Declaration made to brother of deceased, namely, Haribhau (P.W.6). 3. The dying declaration shows that the incident took place in night of 30.09.2008. The accused had entered the house of the deceased for recovering an amount of Rs. 5000/­ given by him to the husband of the deceased. The husband is dead. It is disclosed by the deceased that when she ( 3 ) cria1194.11 expressed inability of return of amount immediately, the accused poured kerosene on her person and set her on fire. It is disclosed that her son Yogesh (P.W.3) was not present in the house at the relevant time. The evidence is given by the prosecution of son­Yogesh (P.W.3) to the effect that the accused was having illicit relations with the deceased. It was submitted by the advocate that the accused examined himself in the Trial Court and he has stated that on that night the deceased was asking him to leave the house and when he refused, she attempted to commit suicide after pouring kerosene on her own person. Thus, the accused has admitted his presence in the house of deceased at the relevant time. It is also admitted that the accused had sustained burn injury in the same incident. There is record like spot panchanama and C.A. report to show that the kerosene was detected on the clothes of the deceased. This evidence is considered by the Trial Court. The present applicant was noway related with the deceased and he has contended that he had illicit relations with the deceased and so he was there. The probability suggested by the advocate for the applicant need not be considered at this stage, as there is sufficient ( 4 ) cria1194.11 material in support of the decision given by the Trial Court. So, this Court is of the opinion that this is not fit case for granting bail to the applicant. The application stands rejected. 4. Liberty is given to the applicant/accused to prepare private paper­book and request for expeditious hearing of the appeal. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] snk/2011/MAR11/cria1194.11