- 1 - Criminal Application No.511/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.511 OF 2011 Kishor s/o Ashok Nikalje ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Deshmukh, Advocate for the applicant Shri V.J. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 21st February, 2011 PER COURT : 1. Heard. The accused/ applicant husband, in custody since 4.9.2010, seeks release on bail. 2. Having gone through the investigation papers, and more particularly the post mortem notes, primarily it is not indicative that Pushpa expired due to consumption of poisonous substance. The circumstances are illustrative, she, in all probabilities, went away early morning for answering nature’s call and due to dizziness, suffered injuries. It is curious, she was removed by Kiran Khandagale and other relations at least at three places. Even she - 2 - Criminal Application No.511/2011 was provided treatment at the hospital. She did not whisper to any of the attending doctor about any act of homicidal death or any cruelty at the behest of the accused/ applicant. The investigator did not carry panchanama at the spot near railway track, however, the panchanama was carried out at the house. The survey illustrate, the custody of the accused/ applicant is not imperative as charge sheet is filed. The accused/ applicant deserves to be released on bail. Hence order : O R D E R 3. The accused/ applicant Kishor Ashok Nikalje be released on his furnishing P.R. bond and surety in the sum of Rs. 15,000/- (Rupees fifteen thousand). The accused/ applicant, after his release, shall attend the investigator on every alternate Sunday between 6.00 p.m. to 9.00 p.m. till conclusion of trial. He will not influence the witnesses. K.U. CHANDIWAL JUDGE fmp/cri511.11