panchnama of the scene of offence where the actual
incident had occurred. He invited my attention to the
statement of the two eye witnesses and also the panchnama
of the scene of offence and FIR, which was registered at
Mumbra Police Station. Firstly, he submitted that in all
these statements, different places have been mentioned as
the place where the offence was committed. He submitted
that on this ground alone the Applicant is entitled to be
released on bail. Secondly he submitted that so far as
the statement of the second eye witness is concerned, her
statement was recorded after three days and this delay has
not been explained. Thirdly, he submitted that though the
victim was alive for 15 hours, no dying declaration was
recorded. Lastly, he submitted that the Applicant�s
daughter is 15 years of age and she is suffering from T.B.
and she practically is at the last stage and there is
nobody in the family who can look after the ailing
daughter of the Applicant. There is no male member in the
family to look after the children of the Applicant. He
alternatively submitted that the Applicant is entitled to
be released on bail to look after his ailing daughter.
