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 CRI.APPLICATION NO.1447 OF 200 CRI.APPLICATION NO.1447 OF 200 CRI.APPLICATION NO.1447 OF 2009 Harilal Vilas Sawant, .. Applicant Vs The State of Maharashtra, ... Respondent. Mr Dilip Bodke, for the applicant. Mrs S.D.shinde , APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 13/04/200 DATE : 13/04/200 DATE : 13/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking anticipatory bail in C.R.No.56 of 2009 of Karad city police station, Dist-Satara. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 498-A,306 r/w 34 of the IPC. 3. On 26.3.2009, the following order was passed. "The applicant is the brother-in-law of the deceased, who died on 22.2.2009. The deceased Chhayadevi @ Varsha got married with the brother of the present applicant on 25.5.2008. The deceased had consumed poison and she was admitted in the hospital. Her statement was recorded, in which she stated that she was suffering from cough and, by mistake, instead of consuming cough syrup, she had consumed poison. She was immediately taken to the hospital where she was given treatment and she was discharged. Thereafter, she went to her matrimonial house where she died after about 2 days on 22.2.2009. After she died, a complaint has been filed by her brother, in which it is alleged that all members of the applicant’s family had harassed her physically and mentally and demanded dowry and, therefore, she consumed poison on 19.2.2009. The learned counsel for the applicant submits that in her dying declaration she ha clearly stated that she had consumed poison by mistake and she was given treatment in the hospital and later on she was discharged. Subsequent statement of witnesses disclose that the allegations now have been made against all members of the family. The doctor who had performed the post mortem has reserved his opinion and as viscera is sent for chemical analysis. The report is likely to be received within one week. In the present case, the applicant is the brother-in-law of the deceased and he is a doctor and he has completed MBBS and he is going to appear for the MD examination in the month of May, 2009. Prima facie, in view of the statement made by the deceased in her dying declaration, no allegation has been made against the present applicant. However, the learned APP for the State seeks time to take instructions and also seeks two weeks time for getting opinion of doctor for cause of death. In the meantime, the applicant shall not be arrested in connection with C.R.No.56 of 2009 registered at Karad City Police Station, Dist.Satara for the offence punishable under sections 498-A,306 r/w 34 of the IPC. The applicant shall report to the concerned police station as and when called." This court is informed that the investigation is almost over and the police propose to file chargesheet within next two to three weeks. The applicant has reported to the concerned police station as per the directions given in the aforesaid order dated 26.3.2009. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to grant this application for anticipatory bail. Hence the following order. . In the event of arrest, the applicant be enlarged on bail in the sum of Rs.5,000/- with one or two sureties to make up the said amount, subject to conditions contained in sub-section (2) of Section 438 of Cr.P.C. The applicant is directed to report to the concerned police station on every Sunday between 10 am and 11 am till filing of the chargesheet. . While granting this application I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)