2009 ALL MR (Cri) 861
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.K. TAHILRAMANI, J.
Mustakin Naseerudin Shaikh Vs.State Of Maharashtra
Criminal Appln. No.3107 of 2008
24th September, 2008
Petitioner Counsel: Ms. POOJA BHOJANE
Respondent Counsel: Mr. K. V. SASTE
Penal Code (1860), S.302 - Criminal P.C. (1973), S.439 - Grant of bail - Application for - Prosecution case that applicant set his wife on fire - Looking to the fact that in four dying declarations, the wife has not implicated the applicant and other facts of the case, the court inclined to grant bail to the accused/applicant. (Para 3)
3. The prosecution case is that the applicant set his wife on fire. She sustained 24% burns. Six dying declarations of the wife Sabiya have been recorded. Two of the dying declarations were recorded by the Special Executive Magistrate and two were recorded by the police. In the said dying declarations, Sabiya has stated that she sustained burn injuries on account of accident, however, thereafter, in two dying declarations, Sabiya has stated that it was the applicant who set her on fire. In the said dying declarations, she has stated that after setting her on fire, her husband i.e. the present applicant told her that if she told about the incident to anyone, "he will go far away". This fact is reflected in the FIR. In my view, the said threat cannot be said to be such as to cause the wife to give four dying declarations wherein she exonerates the applicant. Looking to the fact that in four dying declarations, the wife has not implicated the applicant and the other facts of the case, I am inclined to grant bail.
4. The applicant-Mustakin Naseerudin Shaikh be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The sureties shall be local sureties. The applicant to report to Malwani Police Station, Mumbai once in a week till conclusion of the trial.