1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3708 OF 2008 Yamunabai Kaluram Thakre .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Shailya S.Deshmukh for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-16 of 2008 of Murbad police station. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 307, 302, 304b, 498-A r/w 34 of the IPC. 3. There are two dying declarations, both dated 21.1.2008 and 23.1.2008. Both are recorded by the Special Executive Magistrate-Smt.Malti Karotia and they are inconsistent. In the first dying declaration the deceased has clearly stated that she sustained burn injuries due to accident. She has specifically 2 2 2 stated that her husband extinguished the fire and then she was removed to the hospital by her in-laws and her husband. In the second dying declaration she has stated that while she was sleeping all the accused persons poured kerosene on her person and set her on fire. Looking to the glaring inconsistency in the statements of deceased I am inclined to enlarge the applicant on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 9 and 10 am for a period of six months from today. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)