{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 62 OF 2010 1. Ashok s/o Mahdavrao Dake Age-47 years, Occ-Agri 2. Baban @ Subhash Dadarao Dake Age-37 years, Occ-Agril 3. Daulat s/o Vitthalram Salunke, Age-36 years, Occ-Agril All R/o Mahals Pimpalgaon, Tq-Georai, Dist-Beed APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for applicants Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 13th January 2010 PER COURT: 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.172/2009 registered with Georai police station for an offence {2} punishable u/s 302, 323 r/w 34 of the Indian Penal Code and under certain section of Atrocities Act as the applicants are arrested on 25.08.2009 and since then they are in jail and also as the charge is filed after completion of the investigation. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence occurred in the evening of 23 rd August 2009 in front of a floor mill of one Nanasaben. It is alleged in the complaint that the dispute arosed between the applicants and the deceased on the count that on the day of “Pola” the deceased had not played drums in front of the house of the applicants. It is further alleged by the complainant, who is nephew of the deceased that, he has witnessed the incident as during the incident the victim was assaulted by the applicants with fists and kick blows and later on they administered some insecticide to the deceased. 4. Learned counsel for applicants has urged that though the alleged incident occurred on a road in front of a floor mill yet other than the statements of the family members of the deceased, i.e. complainant-nephew, wife and daughter, no statement of independent witness is recorded during the investigation. It is also pointed out that perusal of the post mortem notes does not {3} indicate sever injury on the person of the deceased. Viscera of the deceased was preserved and was sent for chemical analysis. Report of the CA shows that insecticide was found in the large intestine of the deceased. In the premise, it prima facie appears that the death of the deceased is not a natural, but the same is a homicidal or suicidal. It is urged by learned counsel for applicants that had the poison been administered by the applicants, then there must have been some witness or even the empty bottle or tin containing insecticide would have been found at the spot or at lease would have been recovered at the instance of the applicants, as they are in the custody of the police. However, nothing is found at the spot or nothing is recovered from the applicants or at their instance. In the premise, according to learned counsel for the applicants, the applicants be released on bail. 5. Application is opposed by the learned APP as according to him the statements of the eye witnesses indicate that as to how the deceased sustained injuries. 6. Considering the rival submissions it is clear that though the incident is allegedly witnessed by the wife and daughter of the victim yet the same is to the effect that the deceased was assaulted by the applicants, however their statements are silent so far as administering of insecticide at the hands of applicants are concerned. So far as disclosure of facts in the complaint as well as in the supplementary statement of the complainant is concerned, {4} though there is statement to the effect in the complaint, yet there is somersault to the same in the supplementary statement. In the premise and in view of the fact that though the incident occurred in the evening in front of a floor mill yet no witness is coming forth nor any incriminating material is recovered from the applicants, there is room for doubt. It is also not the case of the prosecution that the applicants are history sheeters and due to their terror nobody is coming forward to depose against them. In the premise, case is made out to enlarge the applicants on bail. 7. In the result, application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on furnishing PR bonds in the like amount. The applicants are directed not to leave local jurisdiction of Georai police station, without previous permission, in writing from the IO concerned. [A.V.POTDAR, J.] drp/A10/criapln62-10