1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 195 /2010 [ Pradeep Khadse vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr A P Tathod, Adv. for applicant Mr C N Adgokar, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 8, 2010 . Heard. 2 By this application, the applicant prays for grant of bail in connection with Crime No.168/2009 for offence punishable under section 302 read with section 34 of the IPC registered at Risod Police Station Dist Washim. Learned Advocate for the applicant submitted that other co-accused were granted benefit of bail on 19th November 2009 in Criminal Application No.3433/2009. According to learned Advocate for the applicant, initially the alleged victim made dying declaration that she had caught fire as she was cooking and her saree caught fire on account of flames of stove. However, later on after about 10 days, she gave a dying declaration implicating the accused, her husband and in laws. 3 According to learned APP in the second declaration the victim has stated that she was told by her husband not to disclose the incident about pouring of kerosene upon her, to the Police. 2 4 At this stage, therefore, the chances of conviction are feeble as applicant may claim benefit of doubt, although it is for the trial Court to examine the evidence at the sessions trial and to arrive at a conclusion according to law. However, the applicant is entitled for grant of bail, subject to certain conditions. Hence the following order:- The applicant be released in respect of Crime No. 168/2009 upon executing PR bond in the sum of Rs. 30,000/- , with one or two surety in the equal amount, provided that he shall attend the trial on each date of hearing. He shall inform his fixed/permanent address with Phone/Cellphone number to the I.O. as well as the Presiding Officer of the trial Court. He shall not tamper with the prosecution evidence in any manner. Application is disposed of. JUDGE sahare