ORDER :- The facts leading to this application broadly stated are that the opponent Lohana Lakhu Amarshi of Porbandar was charge-sheeted by the police to the Court of the Judicial Magistrate, First Class at Porbandar for an offence of having committed murder of his brother's wife Bai Vijaya by setting fire to her in the afternoon of 10-7-1966 so as to be liable under Section 302 of the Indian Penal Code. He was arrested on 12-7-1966. An application for being released on bail under Section 497 of the Criminal Procedure Code was made before the learned Magistrate and that came to be rejected. It was thereafter that he preferred an application for the same purpose in the Court of Sessions at Porbandar under Sections 497 and 498 of the Criminal Procedure Code. The contention of the accused was that he had not set fire to Bai Vijaya as alleged against him and that, according to him, since she used to get fits of insanity she had committed suicide. The learned Additional Sessions Judge found on a perusal of the police papers that she had made two dying declarations one before the P.S.I. Mr. Pathan and the other before the Honorary Magistrate Mr. Mathuradas Bhupta and, according to him, the two dying declarations were not very consistent. It is that way that he felt this to be a fit case where he should exercise his powers under Section 498 of the Criminal Procedure Code and directed the accused to be released on bail on his furnishing security for a sum of Rs. 2000/-. Dissatisfied with that order passed on 30th July 1966 by Mr. V.M. Mehta, the Additional Sessions Judge, Porbandar, the State has come in revision.

2. Mr. Nanavati, the learned Assistant Govt. Pleader for the State, contends that the offence with which the accused has been charge-sheeted and later on committed to the Court of Sessions was one of murder by setting fire to his brother's wife Bai Vijaya and that way it was punishable with death or imprisonment for life under Section 302 of the Indian Penal Code. It was, thus, a very serious offence. Besides, the learned Additional Sessions Judge has given no proper reasons for exercising the discretion in releasing him on bail except the one that the two dying declarations, made by her were not very consistent. In what manner, they are not consistent does not appear to have been disclosed in the order passed by him. We have gone through the two dying declarations referred to in the order of the learned Additional Sessions Judge. The first was recorded by the P.S.I. Mr. Pathan at about 4 p.m. and that was in the presence of the Medical Officer as also panchas. The incident had taken place at about 3 p.m. on 10-7-1966 and she was immediately removed to the hospital where her dying declaration came to be recorded as referred to here-above. In that dying declaration she has referred to this accused-opponent as the person having actually ignited the match and set fire to her after the kerosene was poured on her by his younger brother Vinia and the wife of the accused. The cause for doing so has been referred to as he wanted to get the property of her uncle which has been given over to her son by her uncle. At about 5-30 p.m. the Honorary Magistrate was called at the hospital and before him the dying declaration was also recorded on that very day wherein she has referred to this accused as a person having set fire to her by pouring kerosene and that again for the same purpose as referred to in her earlier dying declaration. The inconsistency lies, however, no doubt in the fact about her having referred to two other persons viz. the brother of the accused as also the wife of the accused as having poured kerosene on her. At any rate, one thing is certain and that is about this accused being the person who had actually set fire to her. That very night at about 9-30 p.m. she died of burns at the hospital. Now, apart from various circumstances which may be disclosed from the other evidence when led in the case, one fact plainly emerge

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