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. 4419 OF 2008 CRIMINAL APPLICATION NO. 4419 OF 2008 CRIMINAL APPLICATION NO. 4419 OF 2008 Sultanab w/o Husain Shaikh ...Applicant vs. State of Maharashtra ...Respondent Mr.N.R. Bubna for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence registered against her for the offence punishable under Section 302, 498(A), 323, 504, 506 and 34 of the IPC. 3. Prosecution case is that the applicant who was sister-in-law of the deceased poured kerosene on her and set her on fire. The prosecution has recorded two dying declarations of the deceased. In the first dying declaration, the deceased has stated that she had no - 2 - complaints against any person and while she was preparing food in the kitchen, there was sudden fire from the stove and as a result, she received burn injuries. In the second dying declaration, however, she has stated that the present applicant had poured kerosene on her from the stove and set her on fire. In the statement of one independent witness who is the neighbour of the deceased, she had stated that the present applicant had raised hue and cry after the deceased had caught fire and she had extinguished the fire and had taken her to the hospital. Since there is a discrepancy between the two dying declarations, in view of the law laid down by the Apex Court, no reliance can be placed either on those two dying declarations. There is no other independent evidence to suggest that the applicant had poured kerosene on the deceased and set her on fire. The statement of the independent witness indicates that in fact, the applicant had extinguished the fire and had taken the deceased to the hospital. Taking into consideration all these discrepancies in the prosecution case, in my view, this is a fit case for grant of bail. - 3 - 4. The applicant, under these circumstances, be released on bail in the sum of Rs.5000/- with one or two sureties inthe like amount. The applicant, however, shall report to Azad Nagar Police Station, Malegaon, as and when called. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)