Dashrath Arun Sasane v. The State Of Maharashtra

11.APPA755 of 2016 vidya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 755 OF 2016 IN CRIMINAL APPEAL NO. 806 OF 2015 Dashrath Arun Sasane ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Prosper D'souza, Advocate appointed for the applicant. Mrs. U.V. Kejriwal, APP for the respondent/State. CORAM: MRS. V.K. TAHILRAMANI & MRS. MRIDULA BHATKAR, JJ.

JUNE 29 , 2016.

P.C.

Heard both sides.

2.

The applicant has been convicted under section 302 of IPC for causing the death of his wife. The applicant is now seeking bail. 3.

It is the case of the prosecution that on 8th September, 2013 at about 7 p.m., the applicant poured kerosene on his wife Sharmila and set her on

11.APPA755 of 2016 fire. There are two dying declarations on record. One dying declaration is recorded by PW-9 P.S.I. Shinde and other dying declaration is recorded by PW-1 S.E.M. Kamble. In both dying declarations, Sharmila has stated that her husband has poured kerosene on her and set her on fire. In this view of the matter, we do not think this is a fit case to grant bail. 4.

Application is rejected.

5.

Office to communicate this order to the applicant, who is in Nashik Road Central Prison. The fees to be paid to the appointed counsel are quantified at Rs.2,500/-.

(MRS. MRIDULA BHATKAR,J.) (MRS. V.K. TAHILRAMANI, J.)