/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 855 OF 2008 IN CRIMINAL APPEAL NO.726 OF 2008 Jagdish P. More ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri K.S. Patil for Applicant Shri P.A. Pol APP for State. ---- CORAM: V.M. KANADE J. DATED 23RD OCTOBER, 2008 P.C. 1. The learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. The Applicant has been convicted by the Trial Court for the offence punishable under sections 306 and 498-A of the Indian Penal Code and sentenced to suffer R.I. for two years and fine of Rs.5,000/- and, in default, further suffer R.I. for three months. The Applicant has also been convicted for the offence 306 of the Indian Penal Code and was sentenced to suffer R.I. for 5 years and fine of Rs.5,000/- and, in default, to suffer R.I. for six months. 2. The prosecution case is that the deceased wife of the Applicant committed suicide after she was fed up of the constant allegations made by her husband raising suspicion about her character. The prosecution has / 2 / relied on the two dying declarations of the deceased, which were recorded when she was admitted in the hospital. 4. The learned Counsel for the Applicant submits that there are several descripancies between the two dying declaration. He stated that the judgment laid down by the Apex Court that in the event there are descripancies between the two dying declarations, no reliance can be placed on one of the dying declaration for the purpose of convicting the Accused. The learned APP on the other hand, invited my attention to the statement on one of the witnesses, who was responsible for arranging the marriage of the Applicant and the deceased. The said witness had stated in his deposition that soon within the one month after the marriage the Applicant had harassing the deceased. He submitted that since the prosecution had established the cruelty by the husband against the deceased, no case for grant of bail. 5. In my view, taking into consideration that the Applicant has two sons, they depending on him and since the entire prosecution is based on two dying declarations, the Applicant is entitled to be released on bail. The Appeal is not likely to come for hearing quite some time. The Applicant has good chances to succeed in the appeal. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to Karjat Police Station once in a month. / 3 / Application is disposed of. V.M. KANADE J.