mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 6 of 2010 Govind D. Bhalerao & ors. ... Applicants versus The State of Maharashtra ... Respondent ... Mr. S.R.Chitnis, Sr. Advocate with Mr.S.R. Mithare for the applicants Mr.S.A.Shaikh APP for the State. CORAM : D.G. KARNIK, J. DATED : 20th January 2010 P.C. 1. Heard. 2. By this application, applicants seek pre-arrest bail in connectin with C.R. No.152 of 2009 registered with Deolali Camp police station, District Nashik for an alleged offence punishable u/s.302 of the IPC. On 18th August 2009, Sahadu Gabaji Gaikwad (husband of the First Informant) died on a railway track after he was run over by a railway. It was recorded as an accidental death. After about 4 months on 10th December 2009, the wife of the deceased lodged an FIR alleging that it was not an accidental death but it was a murder committed by the applicants and others and that he had been thrown on the railway track for being killed. 3. An FIR was lodged after about four months and there is no explanation for the delay about lodging of the FIR. The police did not record statements of the Engine driver and Co-Engine driver immediately after the accident and even after registering the FIR. On my query on the last date, whether the statements of the engine driver and co-engine driver were recorded, their statements were recorded on 14th January 2010 and 18th January 2010. In their statement, the engine driver and the co-engine driver have stated that they had seen a person standing/walking on the railway track and he was run over by the railway and they had reported the said incident immediately on a walky-talky to the guard. Therefore, the allegation that the husband of the complainant was thrown on the railway track by the applicants is not corroborated by the engine driver and co-engine driver. 4. In view of these circumstances, applicants are entitled to pre- arrest bail. Hence I pass the following order:- O R D E R In the event the applicants are arrested in connection with C.R.No.152 of 2009, each of them shall be released on bail on executing P.R. Bond of Rs.15,000/- together with one surety of the like amount subject to a condition that the applicants shall co-operate with the investigation and shall report the concerned police station once a fortnight on 1st or 2nd and 15th or 16th of each British calendar month for three months or till the charge-sheet is filed, whichever is earlier. (D.G. KARNIK,J.)