DHARAMRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner charged under section 302, I. P. C. for committing murder of his wife.

(2.) THE prosecution case is based upon dying declaration of the wife of the petitioner. There are three dying declarations on record. The first recorded by the S. E. M. wherein the wife has categorically stated that she committed suicide. This daying declaration was duly signed by her. The second dying declaration is recorded by the same S. E. M. two days after the first dying declaration wherein the wife has stated that she was set on fire by the petitioner. The third is recorded by the P. S. I. Shri Patil, learned Assistance Public Prosecutor for the State, however states that the third dying declaration is not a part of record and these are only two dying declarations. In any event the second dying declaration, prima facie appears to be suspicious. The petitioner has received injuries while trying to extinguish fire. The other accused has been released on bail. There is no reason as to why the bail should be denied to the present petitioner. Shri Patil, learned Assistant Public Prosecutor, states that the other accused has not complied with the terms of bail and therefore, the bail should not be granted to the present petitioner. The breach committed by the other accused cannot be a ground for refusing bail to the present petitioner. The Court, therefore, pass the following order.

(3.) THE petitioners to be released on bail in the sum of Rs. 5,000 and one or two sureties for the like amount. The Petitioner to attend the Yerwada Police Station initially every day between 6 p. m. to 8 p. m. for a period of one month and thereafter twice in a week till the case is committed to the Sessions Court pplication allowed.