IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1450/2009 ( Vasant Pralhad Rathod ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 8 th JULY, 2009 Heard Shri Sirpurkar, Advocate, for the applicant and Shri Thakare, APP, for respondent State. This is an application under Section 439 of Cr.P.C for grant of bail. The applicant is accused for the offence punishable under Sections 302 and 498-A r/w 34 of the I.P.C. It is submitted by the learned counsel for the applicant that the dying declaration of the deceased which is pressed into service by the prosecution to substantiate the charge against the applicant is concocted document as the complainant in the present case is the police official. According to him, when the dying declaration was recorded, it was duty of the police to register the offence under Section 302 of the I.P.C, may be at zero number, because the offence was committed in jurisdiction of P.S.O Karanja Lad. He is right in submitting that the offence was not registered so and therefore, there was doubt as regards bonafides on the part of the P.S.O. Learned APP has tried to explain the position saying that after receiving the Dying Declaration at Police Station, Akola, Marg (A.D) was registered and thereafter the summery was transferred to Police Station, Karanja Lad, having jurisdiction over the matter. However, he is usnable to point out that as to when the Marg was registered at Police Station Akola after the death of the deceased and when the P.S.O had received the said dying declaration. In fact, the document which is in the C.D., showing the registration of Marg, does not show anything about the receipt of the said dying declaration. Learned counsel for the applicant has pointed out that thee are several circumstances, and also entries in the dying declaration which, seriously cast doubts on the same. I need not to go into the details. Suffice it to say that in the present case police official is the complainant. Therefore, it was for the respondents to point out that alleged D.D was received by P.S. Akola at the time of registration of A.D and why A.D was registered when D.D indicated offence u/s 302 of I.P.C. The applicant has tried to extinguish the fire of the deceased and in fact taken her to the hospital. There are some circumstances, which need to be considered, while considering the reliability of the dying declaration. One most probable aspect is that when Marg was registered, dying declaration must not have been received by the Police Statioin Akola, as it has been tried to contend. In these circumstances, applicant would be entitled for bail. Applicant be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that he shall report at Police Station Karanja Lad on first Sunday of each month at 11 a.m. Until further orders or till the trial is over and shall not directly or indirectly tamper with the prosecution evidence. The learned trial Judge to expedite the hearing of the trial. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the learned trial Judge while deciding anything on merits. Application disposed of. JUDGE Rvjalit