1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 150/2011 ( Dindayal Baliram Pathode and another .vs. State of Mah. through PSO PS Deori, Gondia. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.R. Vyas, Advocate for Applicants. Mr. A.S. Sonare, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 29, 2011 The say filed by the learned APP is taken on record. Heard. Having regard to the peculiar circumstances relevant to the crime that the same has been registered after a period of about one year and six months after the corpse of one Vasant Mendhe was found near the road at village Kolari Shenda with a chit in a pocket that the applicants and other accused persons had administered some poisonous substance in the house of the wife of the said deceased and thereon after registration of the merg and receipt of the report of the handwriting expert of the said chit being in the handwriting of the deceased, but the report received from the CA revealing that no poisonous substance was found in the viscera 2 preserved at the time of the P.M. of the corpse of the deceased and furthermore there being absolutely no other material connecting the applicants with the crime in question and foremostly there being absence of cogent material regarding the death ensued was homicidal death, presently applicants have made out a case for grant of direction as prayed. Needless to add that the case diary also does not reveal that the investigating agency has collected any material prima facie showing that the applicants had been to the house of the wife of the deceased at the relevant period at which poisonous substance is alleged to have been administered to deceased. However, considering the seriousness of the accusations levelled, it appears proper to impose necessary conditions to give a fair chance to the investigating agency to investigate the matter. Inform the Investigating Officer of said crime that in the event of arrest of the applicant in connection with the said crime, they shall be forthwith released on bail on furnishing a P.R. Bond by each in a sum of Rs. 50,000/- (Rs. Fifty Thousand) with one surety in the like amount and subject to the conditions that applicants: (i) shall attend I.O on every Monday in between 11 and 12 noon in connection with the investigation of the said crime and so also on the other day, if any, on which they are called by the I.O. for the purposes of the investigation; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so 3 as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. Application stands disposed of. JUDGE halwai