1 CRI.APP.NO. 2048/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2048 OF 2009. 1. Malu s/o Bhojanga Machanwad. 2. Sanjay s/o Malu Machanwad. 3. Govind s/o Janardhan Machanwad. ...Applicants. Versus The State of Maharashtra ...Respondent. .... Mr.Rajendra Deshmukh,Advocate for the applicants. Mrs.S.B.Wadmare,APP for the respondent. .... CORAM: A.V.NIRGUDE, J. DATE : 14th July, 2009. COURT’S ORDER: 1. The applicants are seeking bail in crime No. 59/2009, dated 18th May, 2009, registered at Umri Police Station, Umri, Taluka: Umri, Dist.Nanded, for the offences punishable under Sections 302, 143 2 CRI.APP.NO. 2048/2009. of the Indian Penal Code. 2. The complainant, in this case alleged that on 18th May, 2009 at about 08.30 a.m., he saw the present applicants and two others forcibly administering poison to the deceased. He said, by the time, he and his companion rushed towards the applicants and the victim they had already administered poison to the deceased. He said, he immediately arranged transportation of the deceased to a hospital, but before the deceased reached the hospital, he had died. 3. The post-mortem report does not show that the deceased had sustained any external injuries. Besides the complainant, there are two eye witnesses to the incident. They too, stated that they saw the present three applicants and two others forcibly administering the poison from a tin, to the deceased. On perusal of the statements, I found prima facie their narrations palpably false. It is very difficult for even six people to administer forcibly any poisonous substance to a person. If they attempt to do so, there would be a lot of violence between them and the victim. The victim would resist the attempt and thus there is strong possibility of the victim sustaining injuries on his person. There is also possibility of the assailants 3 CRI.APP.NO. 2048/2009. getting injured in the process. Besides, in the police papers, I came across a very peculiar complaint lodged none other than the father of the deceased. In such complaint, the father, said that he heard from others that his son had consumed poison because he was under some tension. What is further peculiar in this case is that on the basis of the father's complaint to the police, they registered an accidental death case at about 11.00 a.m. on that day. But at about 23.45 Hrs. (11.45 p.m.) on that day, another complaint was lodged. It appears palpably false and so the applicants are entitled to bail. The application is allowed. i) The applicants are released on bail of Rs. 10,000/- (Rs.Ten Thousand only)each, with one surety in the like amount, each. (A.V.NIRGUDE, J.) lkp