1 Criminal Application No.5183/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5183 OF 2010 Vitthal s/o Uttam Harne ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri N.K. Kakade, Advocate holding for Shri A.N. Kakade, Advocate for the applicant Shri N.B. Patil, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th January, 2011 PER COURT : 1. Heard Mr. Kakade. In a matrimonial discomfort, where the accused is in custody from 1.7.2010 for setting ablaze his wife, seeks bail. 2. Mr. Kakade submits, charge sheet is filed, there is nobody in the family to look after the orphan left behind, old parents are to be looked into and even instructions are to be given to the counsel to prosecute the cause of accused/ applicant. Lastly, counsel submits that, at least interim bail for two months be showered to enable and ensure consultation to the counsel for briefing. 2 Criminal Application No.5183/2010 3. The statement of Aruna, though supports the accused/ applicant giving an altogether different projection, however, the dying declaration of the deceased, other witnesses, in unmistakable terms prima facie illustrate that the husband at a trivial issue doused kerosene and ignited. The earlier acrimonial relations though were in existence, however, toll of precious life of the wife is taken by the accused, giving rise to the prosecution. 4. The difficulties that are explained, though may be germinating, however, for that purpose, release of the accused/ applicant is not the solution. So far as consultation with a lawyer is concerned, same can be taken care whenever the accused is produced before the learned Sessions Judge at the stage of remand or at the stage of framing charge. In the result, application lacks merits, dismissed. 5. The observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri5183.10