1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2579 OF 2010 Jagannath s/o Eknath Patil Applicant Versus The State of Maharashtra Respondent Smt..S.S.Jadhav, advocate for the applicant. Mr. K.S.Patil, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on bail in connection with CR No.30/10, registered in Police Station Dharangaon, District Jalgaon, in which, applicant came to be arrested along with others on 8 th February, 2010, for the alleged offences under Sections 302, 143, 147, 504, 506 of the Indian Penal Code. In this CR, after completion of investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class, Dharangaon on 5 th May, 2010 and after passing necessary committal order, the trial was committed to the Court of Sessions, Jalgaon, vide Sessions Case No.66/10. 2 Heard Counsel for the applicant and A.P.P. for Respondent- State. 2 3 Before considering the submissions, it is necessary to take note of the fact that this alleged incident is in respect of death of one Barku, nephew of present applicant. Initially, A.D. was registered in Dharangaon Police Station on 7 th February, 2010 vide A.D. No.17/10. During this A.D. inquiry, dead body of Barku was sent for post mortem. After conducting autopsy on the dead body, the probable cause of death was reserved, as the viscera taken from the intestine of deceased was sent for chemical test and it was yet to be received when the charge sheet was filed. 4 It appears that the applicant is the uncle of decesaed Barku, having agricultural land in the village Borgaon. There is dispute over the agricultural land belonging to the family of Barku as well as belonging to the family of present applicant. Certain threats were given by the present applicant to the family of deceased Barku i.e. mother of Barku, as Barku had already lost his father. On 07.02.2010, applicant visited his agricultural field at about 6.00 p.m. While taking round in the agricultural field, he noticed that Barku was lying and his gestures were frantic. Applicant suspected some foul play. Hence he called the neighbours working in adjacent fields and also informed the incident to the mother of Barku and requested to arrange for medical treatment. He has also reported the incident immediately to the Taluka Magistrate and on that basis, A.D. came to be registered. It appears that in the same evening, Barku expired while under treatment in the hospital. It appears, on the next day, mother of Barku lodged a complaint in Dharangaon Police Station alleging that in the earlier evening, the applicant, his family members i.e. applicant and three other forcibly administered poisonous substance to Barku as they are having their evil eye over the agricultural land belonging to the family of Barku. Because of that, present CR came to be registered, in which, applicant and others were arrested on 3 8 th February, 2010. 5 On the basis of allegations in the complaint, it is necessary to see what is the cause of death of Barku. When the notice of this application was given to the prosecution, specific directions were given to the learned A.P.P. to produce the report of C.A. as viscera was preserved and sent for chemical test. Today, the report of C.A., received in the Police Station, is placed before this Court, which was received on 19 th July, 2010. The report of C.A. indicate that no poison was detected in the specific test of the viscera sent for chemical test. Thus, from this report, one thing is clear that death of Barku was not caused due to poisonous substance, which is the allegation of mother of deceased. If it is so, as the entire investigation is over, charge sheet is filed and trial is already committed to the Court of Sessions, before this Court, a case is made out to enlarge the applicant on bail. In view of this, application deserve following order: ORDER (a) Criminal Application is allowed. (b) Applicant – Jagannath s/o Eknath Patil be released on bail on furnishing solvent surety in the sum of Rs.15,000/- (Rs.Fifteen thousand) and on executing P.R. Bond in the like amount. (c) After release on bail, applicant not to contact prosecution witnesses. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln257910