1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1889 OF 2010 Ashok Maroti Sharmale, Age-30 years, Occu-Service, R/o.Ambode, Tal. and Dist.Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 422/2009, registered in Dhule Taluka Police Station, in which the applicant came to be arrested on 06/12/2009, and after completion of investigation, charge sheet was filed in the month of March 2010. Now the case is committed to the Sessions Court, Dhule and numbered as Sessions Case no.30/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. From the papers of investigation, it appears that the said offence came to be registered on the basis of phone call received on 04/12/2009 from one Dr.Priti Chavan, who is attached to Civil Hospital, Dhule. Sum and substance of the said message is that deceased by name Bhagwat Maruti, the real brother of present applicant was admitted in the hospital for medical treatment and at that time, he had given the history of forcible administration of the poisonous substance by his brother. While he was under treatment, he expired. During the investigation, statement of one Dr.Pratik Patil was recorded on 05/12/2009 in which he has given the history as narrated by the deceased himself. One bottle of insecticides, was detected at the spot with label Indo Sulpha, which was seized from the spot. Post mortem was conducted during the investigation. At that time, brownish fluid was found in the stomach of the deceased, which is giving smell like kerosene. Viscera was taken and sent for chemical analysis alongwith slices of spleen, kidney, liver for further tests. 4. Earlier when the application was heard, the report of CA and the papers about the treatment provided to the deceased as indoor patient were not before the Court, which were produced today. Perusal of the papers of the treatment indicates that victim alone had approached in the hospital. Today, learned APP also placed on record the CA report about the examination of viscera which indicates that there are no poisonous substance in Exh.1,2, and 3 i.e. bottles containing the contents of stomach. Thus one fact is clear that it can 3 not be inferred at least at this stage that the death of deceased was caused due to poisoning. In view of this, case is made out to enlarge the applicant on bail, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1889-10