1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1543 of 2010 Ramdas Balkrishna Ujjainkar and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Old city, Akola. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anil Mardikar, Advocate for the applicants. Mr. J.B.Jaiswal, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 14 th Octo ber , 2010 . Heard. By this application, the applicants have prayed for grant of bail in Crime No. 300/2008, registered with Police Station, Old City, Akola for the offence punishable under Sections 302, 120-b R/w Sec. 34 of Indian Penal Code. The brief facts of the case are that initially on the report of Manoj, husband of deceased, accidental death of Smt. Ranjana Ujjainkar was registered vide A.D. No. 31/2006. The formalities of spot panchanama as well as inquest panchanama was carried out and body was sent for post mortem. The post mortem report was received by the investigating agency immediately on 13/5/2006. Thereafter, all of a sudden in the year 2008 the invetigating agency must have got a break through and F.I.R. was lodged against the applicants on 27/12/2008 for the offence dated 12/5/2006, causing the death of Smt. Ranjana Manoj Ujjainkar. Learned Advocate for the applicant submits that after four years, the applicants are alleged to have committed the so called crime i.e. causing the death of their daughter-in-law Smt. Ranjana 2 and they came to be arrested on 20/8/2010. There is no explanation why investigating agency took such a long period to proceed further in the investigation, when the post mortem report was received immediately after the death of the victim. There is no satisfactory material coming forward from the papers on record or from the reply. Even accepting the case of the prosecution that the death of victim was in suspicious circumstances and post mortem report was received by the investigating agency immediately after the death i.e. on 13/5/2006, there is considerable merit in the submission of learned Advocate for the applicants that the applicants are involved only on suspicion. Learned Advocate further submits that the applicants are ready to cooperate with the investigating agency if released on bail and abide by the conditions imposed by this Court. In my opinion, the applicants have made out a case for enlarging them on bail. In the result, the criminal application is allowed. The applicants/accused be released on bail on their furnishing P.R. bond of Rs.20,000/- each with one solvent surety in like amount, on the following conditions. a] The applicants shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. b] The applicants to submit their residential address and contact numbers such as phone/mobile numbers to the Police Station, Old City, Akola c] In case the applicants are moving out of the area of police station, Old City, Akola, they shall inform the police station about their visit to other place. 3 In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of in the above terms. JUDGE Diwale