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Court granted bail to the accused after noting that there was room for argument that he had tried to extinguish the fire.
A single judge bench of the Bombay High Court comprising Justice PD Naik on Wednesday granted bail to a man accused of setting his wife on fire.
The case of the prosecution was that on April 8, 2019, the accused was under influence of liquor when he picked up a quarrel with the complainant and abused her. He had suspected her character after which he poured kerosene on the complainant and threw a lighter on her body. Subsequently, the accused left the house. The complainant was taken for treatment and she died on 14th April 2019. The applicant came to be arrested and a chargesheet was filed.
The counsel for the applicant argued that applicant had lodged a complaint against the deceased to Human Rights Commission complaining about her conduct and that the deceased used to frequently visit her parental home. He submitted that on April 8, 2019, there was a quarrel between the applicant and the deceased and to avoid further altercation applicant left the house. Within a short time, the applicant heard shouts of the deceased and entered the house and saw that deceased was on fire.
The applicant tried to extinguish the fire but was not successful, applicant's counsel said.
He submitted that the applicant with his brother and other family members tried to pour water on the deceased. After the fire was extinguished, the deceased was taken to the hospital for treatment. The applicant's counsel also argued that the doctor had not certified that the deceased was in a fit state of mind while recording her dying declaration.
The Additional Public Prosecutor argued that the offence was serious and the statement of the victim was in the form of a dying declaration. He submitted that there was sufficient evidence to show that applicant had poured kerosene on the deceased and set her on fire. The court was informed that the applicant had sustained injuries while the victim had embraced him after she was set on fire. Hence bail application should be rejected.
The single judge bench however noted that there was room for argument that the applicant had tried to extinguish the fire and granted bail to him.
"Considering the factual aspects of this matter, it appears that the applicant had suffered burn injuries and there is room for argument that he tried to extinguish the fire. The applicant is in custody for substantial period of time. Hence, case for bail is made out," Court ordered.
Case Title: Madhukar Yuvraj Magang vs State of Maharashtra
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