IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2155/2009 [Jivan Atmaram Chakaranarayan..vs..State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 7th July, 2009 Heard Shri Tathod, advocate for the applicant and Shri Mandpe APP for state. Interim order was passed on 23.6.2009. The learned counsel for the applicant has produced the documents in the shape of medical certificate issued by Dr. Shrikant Deshmukh, Manas Clinic, Joglekar Plots, Congress Nagar Road, Amravati, so also the medicines purchase receipts, to show that the deceased was undergoing treatment for some psycho disorder. Learned APP by reply to the application has contended that the statement of this Dr. Deshmukh is not yet recorded, so as to ascertain whether the deceased was really suffering from mental illness. Reply seems to have been filed on 2.7..2009. The documents as regards medical treatment of deceased area available to the respondent since the date of filing of the application, why Investigating Officer could not record the statement of Dr. Shrikant Deshmukh is difficult to understand. Considering the totality of the circumstances, particularly the finding that the sister of the applicant had been divorced by the complainant possibility of false implication can not be ruled out In these circumstances, interim order needs to be confirmed. Same is confirmed as follows: In the event of arrest of the applicant for the offence under section 498-A, 306, r/w 34 of I.P.C. registered by P.S.O.,P.S. Karanja (Lad) vide crime no.90/2009, he be released on bail on his furnishing surety and PRB of Rs. 25000/- subject to conditions that he shall attend the P.S.Karanja (Lad) as and when directed by the investigating officer for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Liberty to prosecution to move for cancellation of bail of th applicant, if the circumstances so warrant later Application stands disposed of. JUDGE smp.