1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.167/2011. (Megha d/o Vithoba Khotele .Vs. State of Maharashtra thro. P.S.O., P.S. Deori, Dist. Gondia) With CRIMINAL APPLICATION (ABA) NO.174/2011. (Madanlal Sakharam Mendhe .Vs. State of Maharashtra thro. P.S.O., P.S. Deori, Dist. Gondia) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.R. Vyas, Advocate for Applicants. Mr. N.R. Rode, APP for Non-Applicant. .......... CORAM: M.N. GILANI, J. DATE: 08.06.2011. Heard Mr. R.R. Vyas for the applicants and Mr. N.R. Rode, APP for the non-applicant. The applicant Megha Vithoba Khotele in Criminal Application (ABA) No.167/2011) and Madanlal Sakharam Mendhe in Criminal Application (ABA) No. 174/2011) apprehending their arrest in Crime No. 16/2011 registered at Police Station Deori, District Gondia under Section 302, 201 r/w 34 of the IPC have moved these applications for direction to release them on bail in the event of their arrest in the aforesaid crime. Applicant/Megha in Criminal Application (ABA No. 167/2011) had married the deceased Vasant. In 2 November, 2009 they separated by mutual understanding. It was a customary divorce. On 18.12.2009 dead body of Vasant was found on the outskirt of village Mouza Shenda shivar. The postmortem examination did not reveal anything suggesting homicidal death. Therefore, the case of accidental death was registered and this position continued over a period of two years. The viscera was subjected to examination by Chemical Analyzer. No poison was detected in the viscera. A chit was found wherein he had written that Megha and three others including Madanlal forcibly administered him poison. Unfortunately, the report of the handwriting expert was received by the police recently and the offence came to be registered on 04.04.2011. The application moved under Section 438 of the Cr.P.C. by two other co-accused had been decided by this Court on 29.04.2011. Considering the peculiar facts, this Court issued direction of releasing co-accused on bail in the event of their arrest in the aforesaid crime. Allegations are that deceased Vasant was administered poison by Megha. However, the report of C.A. shows that no poison was detected in the viscera. Absolutely, prima facie their appears no foundation to register the offence punishable under Section 302, 201 of the IPC against any of the accused. Therefore, the following directions. In the event of arrest of applicant Megha (ABA No. 167/2011) and applicant Madanlal (ABA No. 174/2011) they be released on bail on their furnishing P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand 3 Only) and one surety in the like amount each. They are directed to attend Police Station Deori, District Gondia, as and when called by the I.O. for the purpose of investigation. JUDGE Nikhare