{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1220 OF 2010 1. Prakash s/o Gangaram Dalvi Age-25 years, Occ-Agri 2. Subhash Gangaram Dalvi Age-30 years, Occ-Agri Both R/o Yeota Shivar, Tq-Jaffrabad Dist-Jalna APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav Advocate for the applicants Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th June 2010 PER COURT: 1. This is an application by which the applicants have prayed to release them on bail in connection with CR No.83/2009 registered with Jaffarabad Police Station, Dist-Jalna for an offence punishable u/s 302, 304-B, 498-A r/w 34 of the Indian Penal Code and under sections 3 and 4 of the Dowry Prohibition Act. 2. Heard learned counsel for the applicants followed by learned APP. {2} 3. It appears that in respect of the present offence, initially an ADR was recorded on the basis of information given by applicant No.1, as dead body of Anita was found in a well in the premises owned by the family of the applicants. The complainant, father of the deceased, after receipt of the information reached at the spot and in his presence, spot Panchanama and inquest Panchanama are recorded. On 18th October 2009 a compliant came to be lodged by the father of deceased Anita. 4. In connection with this offence, the present applicant No.1 came to be arrested on 21st October 2009 and second applicant came to be arrested on 18th November 2009. After completion of investigation charge sheet has been filed on 11th January 2010 and hence the applicants have prayed to release them on bail, as the investigation is over and charge sheet is filed. 5. Perusal of PM notes indicate that the death of deceased Anita is a homicidal and not a suicidal one. It is opined by the Medical Officer that the death is caused due to multipal head injuries and it is a homicidal death. 6. In view of this medical opinion, it is necessary to consider whether there is any prima facie evidence to link the applicants with the death of Anita. Papers of investigation reveal that statement of minor Ganesh, aged about 7 years was recorded. The said statement of minor to be read in the light of disclosure {3} statement made u/s 27 of the Evidence Act by applicant No.1, as at his instance one axe is recovered, which is used as a weapon of assault on the deceased. This statement prima facie links the act of applicant No.1 with the death of Anita and hence, the present application, so far as it relates to applicant No.,1 is devoid of any merit and hence required to be rejected qua applicant No.1. 7. However, so far as the application in respect of applicant No.2 is concerned, he is brother in law of the deceased and the entire charge sheet and papers of investigation do not prima facie link him with the death of Anita. Hence, the applicant No.2 deserves to be released on bail. 8. In the result, the application is partly allowed. The application of applicant No.1 Prakash is rejected. However, application of applicant No.2 Subhash is hereby allowed. The applicant No.2 be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant Subhash is directed not to contact or tamper with the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln1220-10