1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (ABA)No.322/2011 Deorao Rajaram Rewatkar Vs. State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 13/10/2011. Heard Mr. S.S. Jaiswal, learned counsel for the applicant and Mr. M. A. Kadu, learned APP for the respondent. The applicant, who apprehends arrest in Crime No. 100/2011 registered at Police Station, Umred of Nagpur for offence punishable under Sections 307, 328, 109 read with Section 34 of the Indian Penal Code, has filed this application for bail prior to his arrest. Complaint has been lodged by Smt. Archana Rewatkar. Said Archana has left her husband and along with her son and daughter started residing as tenant in the house of one Gabbar Rewatkar, the son of the present applicant. The complainant has alleged that since she was residing along with applicant's son, the applicant was not liking her relationship with his son. It is alleged that on 21.8.2011 between 8.00 to 8.30 p.m. two unknown 2 persons entered the room and administered some kind of unknown poison and tied her hands and legs with wire and ran away. The complainant has suspected the present applicant for having sent those two persons. It is seen that from the spot of occurrence, black colour wire was seized. However, there is nothing on record to show that vomited substance has been attached. The Medical Officer has stated that fluid in gastric lavage was not having any peculiar smell but was sticky in consistency and he has diagnosed the case as unknown poisoning. Thus, this is a case of alleged unknown poisoning. I have perused the statement of witnesses. Nobody has stated anything about the present applicant. The complainant has merely suspected the applicant on the ground that he did not like her relationship with his son. Since there is absolutely no prima facie evidence against the applicant, who is an old person aged 65 years, in my view, he is entitled for anticipatory bail. Hence, the application is allowed. In the event of arrest of the applicant in Crime No.100/2011 registered at Police Station, Umred of Nagpur for offence punishable under Sections 307, 328 and 109 read with Section 34 of the Indian Penal Code, he shall be released on bail upon execution of personal 3 recognition bond in the sum of Rs. 20,000/- (Rs. Twenty thousand only) with one solvent surety in the like amount to the satisfaction of the Investigating Officer, under following conditions:- (a) The applicant shall attend Umred Police Station as and when called upon by the Investigating Officer to do so and shall cooperate with the investigation. (b) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (c) The applicant shall not leave India without previous permission of the Trial Court. Application stands disposed of accordingly. Hamdast allowed. JUDGE Ambulkar.