VIMAL MARTAND MASAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant and the learned APP for the State.

(2.) APPLICANT has been arrested in connection with the offence punishable under sections 302, 436 read with section 34 of the Indian Penal Code registered with Mohol Police Station vide C.R. No.114 of 2009.

(3.) TAKING into consideration the peculiar facts and circumstances of this case, prosecution will have to prove that death of the deceased was not on account of accidental fire or suicide but was as a result of deliberate act of the applicant setting the deceased on fire. Under these circumstances, therefore, applicant also deserves to be released on bail on the ground of parity.