IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.531/2008 Khandoji Natthuji Gudekar & 6 ..vs.. State =================================== CORAM: S.R. DONGAONKAR,J. DATE:24.3.2008. Heard Mr. V.M.Deshpande, Advocate for the applicants and Mr. Fulzele, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. The applicants are facing prosecution for the offences under section 302, 341, 147 of I.P.C. vide crime no.126/2007 of P.S. Digras. Case against the applicants is that they had administered poison to the deceased Rambhau Gaikwad and thereby killed him. It is the case of the applicants that prior to that on 13.7.2007, there was quarrel between the deceased and one of the accused Kamlabai. It is also their case that from the statements of the witnesses, it appears that the deceased had himself gone for purchase of insecticide which is apparent from the statement of his son. One of the statements which is placed into service is that of Kashiram Sasane which is recorded on 12.8.2007. It shows that the deceased had only asked him to bring his sons immediately after incident and he did not disclose the names of the applicants as the persons who had administered poison and thereafter, he was immediately found to be lying on the ground, after which he died. Learned A.P.P. has stated that there is only evidence of oral dying declaration made by the deceased implicating the applicants against them. Considering the totality of the circumstances possibility of false implication cannot be ruled out. In these circumstances, applicants would be entitled for bail, however, subject to conditions. Each of the applicants be released on bail on furnishing surety and PRB of Rs.15,000/- subject to condition that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial court. Application stands disposed of. Hamdast granted. It is made clear that the observations made above are in prima facie view of the matter and would not influence the trial Judge, while deciding the case on merits. JUDGE smp.