Prashant Laxman Patil v. The State Of Maharashtra

1/2 15-ba.2474.2015.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2474 OF 2015 Prashant Laxman Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Saima Ansari, for the Applicant Mr.Arfan Sait, A.P.P for the Respondent-State PSI - S.V.Khandagale, Malegaon Taluka Police Station, Nashik (Rural). CORAM : REVATI MOHITE DERE, J.

DATE : 26th APRIL, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 185 of 2015 registered with the Taluka Police Station, Malegaon, District - Nashik for the alleged offences punishable under Sections 302, 307, 354(A)(1)(4), 451 and 504 of the Indian Penal Code.

3.

The incident in question has taken place on 14th July, 2015 at about 11.30 p.m. There are two dying declarations. The first statement of the deceased which was recorded on 14th July, 2015 was treated as an FIR. 1/2

2/2 15-ba.2474.2015.doc In the said incident the deceased suffered 90% burn injuries and succumbed to the same. The 2nd dying declaration was recorded on 15th July, 2015 by the Special Executive Officer. In both the dying declarations, the deceased has categorically stated that the applicant came and started abusing her and when she questioned him, he poured kerosene on her person and set her ablaze. Both the dying declarations are consistent with each other.

4.

Considering the nature of allegations, qua the applicant, this is not a fit case to enlarge the applicant on bail. However, the trial of the applicant is expedited.

5.

Accordingly, the Application for bail is rejected and disposed of as such.

6.

Needless to observe, that the trial court shall decide the case on its own merits, uninfluenced by the observations made in this order. REVATI MOHITE DERE, J.

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