{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.369 OF 2010 1. Shaikh Nabi s/o Shaikh Nashiroddin Age-32 years, Occ-Agriculture R/o Khambegaon, Tq-Loha Dist-Nanded 2. Shaikh Khalil s/o Shaikh Yusuf Age-22 years, Occ-Agriculture R/o Khambegaon, Tq-Loha Dist-Nanded 3. Shaikh Jalil s/o Shaikh Yusuf Age-20 years, Occ-Agriculture R/o Khambegaon, Tq-Loha Dist-Nanded 4. Sayed Maheboob s/o Sayed Chandsab Age-42 years, Occ-Agriculture R/o Pendu, Tq-Palam, Dist-Parbhani 5. Shaikh Jaminabee w/o Shaikh Yusuf Age-45 years, Occ-Household R/o Khambegaon, Tq-Loha Dist-Nanded APPLICANTS VERSUS The State of Maharashtra Through Police Station Loha RESPONDENT ....... Mr.E.P.Sawant h/f Mr.M.P.Kale, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for respondent State ....... {2} [CORAM : A.V.POTDAR, J.] DATE: 1st February 2010 PER COURT: 1. By this application, the applicants have prayed to release them on bail in connection with CR No.82/2009 registered with Loha police station for an offence punishable u/s 302 r/w 34 of the IPC as the applicants are arrested on 28.08.2009 and since then they are in jail and as after completion of the investigation charge sheet has been filed on 06.11.2009. 2. Heard learned counsel for the applicants followed by the learned APP. 3. From the Post mortem notes it is clear that the death of the deceased is an unnatural death and not a natural one. It appears that the alleged incident occurred in the early hours of 04.08.2009 and the FIR came to be registered on 27.08.2009. It appears that initially an ADR No.12/2009 was registered as the cause of death was not certain. Subsequently, when the statement of one Shaikh Noor came to be recorded, who has stated that in the early hours of 04.08.2009 he saw the applicants forcibly administering poison to the deceased, which has ultimately resulted into his death and then they are arrayed as accused in the said offence. Initially, when the ADR was registered, spot {3} Panchanama was drawn where one plastic bottle of white colour containing insecticide was recovered. The said bottle along with its contents so also the viscera of the deceased, which was preserved, was sent for chemical analysis. Report of Chemical Analyst indicates that the contents of the bottle recovered from the spot and the contents of poison found in the viscera of the deceased are different. In the premise, at least at this stage, the applicants cannot be linked with the death of the deceased. Prima facie, it cannot be inferred that the applicants have administered the poisonous substance to the deceased which has resulted into his death. In the premise, case is made out to enlarge the applicants on bail, however by imposing certain conditions. 4. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. The applicants are prohibited from entering the village Loha till commencement of the trial. Thereafter, the applicants may apply for relaxation of this condition before the trial court. [A.V.POTDAR, J.] drp/A10/criapln369-10