IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1939/2008 Sau. Yamuna Ambadas Rathod and another vs. State of Maharashtra and another -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 3 rd JUNE, 2008. Heard Shri J.B.Kasat, Advocate, for the applicants and Shri Parihar, A.P.P. for respondent State, who files reply today. According to learned A.P.P., the present applicants were present when the poison was allegedly administered to the deceased. Learned counsel for the applicant has submitted that the marriage of the deceased had taken place about 9 years back and she was insisting for separate resident. According to him, the case against the applicants is false and they have not committed any offence. He has also produced the copy of the registered sale deed, which is executed in the name of the children of the deceased by the husband of applicant no.2 Vinod. The said sale deed appears to be dated 14.1.2008 i.e. after the death of the deceased but before the lodging of the report by the father of the deceased i.e. before 16.1.2008. The delay in lodging the report by the father of the deceased who is none the less than the Police Patil of the village is not satisfactorily explained. The registration of the sale deed of the property in the name of the children of the deceased, speaks volumes. In these circumstances, the applicants who are ladies and against whom the allegations are only regarding presence at the time of incident, would be entitled for anticipatory bail, however, subject to conditions. In the event of arrest of the applicants for the offence under Sections 302, 328, 498-A r/w Section 34 of the I.P.C., in Crime No. 3/08 of Police Station Chandur Railway, each of them be released on bail on furnishing surety and P.R.Bond of Rs. 15,000/- each, subject to conditions that they shall report at Police Station Chandur Railway as and when directed by the I.O. in writing for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. Hamdast granted. JUDGE Rvj