10. cri appa 469-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 469 OF 2017
IN
CRIMINAL APPEAL NO. 247 OF 2013
Anil Ramdas Borse .. Applicant
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Ms. Rohini Dandekar Advocate (appointed) for the Applicant
Mr. H.J. Dedia APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 18, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The applicant has been convicted under Section 302 of IPC for causing the death of his wife Aarti by setting her on fire. The applicant is now seeking bail.
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10. cri appa 469-17.doc
3. The applicant had earlier preferred two applications for bail being Criminal Application Nos. 334 of 2013 and 484 of 2016. These applications were rejected by orders dated 25.6.2013 and 18.4.2016 respectively. No sufficient ground has been made out to necessitate the reconsideration of prayer for bail. There are two dying declarations on record i.e Exh. 28 and Exh. 33. They were recorded by PW 6 Shri. Joshi and PW 8 PSI Patil respectively. Both the dying declarations are consistent with the prosecution case. In both the dying declarations, Aarti has stated that her husband poured kerosene on her and set her on fire. The prosecution has also brought motive on record. The motive was that the applicant suspected the fidelity of his wife.
4. Learned counsel for the applicant submitted that Aarti was not in a condition to make dying declarations. However, the evidence of PW 9 Dr. Challani shows that Aarti was in a fit condition to make a statement. In this view of the matter, jfoanz vkacsjdj 2 of 3 ::: Uploaded on - 19/04/2017 ::: Downloaded on - 20/04/2017 00:52:29 :::
10. cri appa 469-17.doc we are not inclined to grant bail to the applicant. The application is rejected.
5. The appeal to be placed on final hearing board in the week commencing from 5th June, 2017.
6. Office to communicate this order to the applicant who is lodged in Nasik Road Central Prison, Nasik.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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