1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4502 OF 2009 Miss Divya Santosh Pujari ...Applicant vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 16, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested on 14th August, 2009 in connection with an offence punishable under Section 302 of the IPC vide C.R.No. 105/2009 registered with Lonavala City Police Station. 2 3 Prosecution case is that Deceased Madhuri was applicant s friend and she left her house for the purpose of giving an interview at Mumbai in some beauty parlor and she made a phone call to the applicant who invited her to her aunt s house in Lonavala. According to the prosecution, deceased Madhuri made a phone call to her brother and told him that she had consumed poison and she was likely to die within a short period and nobody should contact her. Her father went to Lonavala on the same day and brought her to Bombay and admitted her in Chatrapati Shivaji Hospital at Kalwa on 2nd August, 2009. She was kept in the hospital till 5th August, 2009 and thereafter, she was transferred to JJ Hospital where she expired on 9th August, 2009. 4 Counsel for the applicant submitted that there are two conflicting versions about the manner in which the poison allegedly was administered to the deceased. The first version is that she had 3 consumed poison and had informed her brother and subsequently this version was changed and she named the present applicant as the person who had given poison to her in a cold drink. The learned Counsel for the applicant submits that the version given by the deceased is highly improbable. In the dying declaration, however, the deceased had stated that the applicant had given her poison through a cold drink, according to the applicant, the deceased had a love affair with one Dinesh and that she had informed her that she was pregnant from Dinesh. 5 In my view, taking into consideration the peculiar facts and circumstances of the case, particularly, two versions which can be seen regarding the poison being administered to the deceased, one wherein it is alleged that she consumed poison herself and the other in which the applicant had allegedly administered the poison to her and also taking into consideration the fact that the motive for the commission of the said offence 4 has not been traced, the applicant, under these circumstances, therefore, deserves to be released on bail. Chargesheet is already filed and the investigation is over. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. The applicant shall, however, report to the Borivali Police Station once in a month. 7 Application is disposed of. (V.M. KANADE, J.)