IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 298 OF 2009 CRIMINAL APPLICATION NO. 298 OF 2009 CRIMINAL APPLICATION NO. 298 OF 2009 Smt.Vaishali Vishnu Jadhav ...Applicant vs. The State of Maharashtra ...Respondent Mr.Amit Sale for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested for an offence punishable under Section 302 read with 34 of the IPC. It is alleged that the applicant had illicit relations with one Jagannath and she had procured a bottle of poison from Jagannath and had administered the poison to her husband after which he died. Viscera was sent for Chemical Analysis and the C.A. report indicated that there was poison. Thereafter, the applicant was arrested. 3. Counsel for the applicant submits that the deceased before he returned to his house, had met five - 2 - persons and he had gone out to meet them to collect Rs.50,000/-. The police report indicates that the five persons and the deceased had consumed alcohol and had food at Dhaba. It is submitted that it was possible that the five persons may have administered poison to the deceased. 4. In my view, the investigation is still going on. The police are trying to locate the five persons. However, prima facie, at this stage, no case is made out for grant of bail. The applicant’s daughter in her statement has stated that on the same day, the applicant was given a bottle by co-accused Jagannath and on the same day, after the deceased was given food by the applicant herein, within short time thereafter, he died. The applicant may apply for bail after the charge-sheet is filed. The trial court, in the event of the applicant files an application for bail shall not be influenced by the observation made by this Court while rejecting her bail application and the trial court shall decide the bail application, on merits and in accordance with law. - 3 - 5. The application is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)