1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2733/2009 in CRIMINAL APPLICATION NO. 2464/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Tope, Adv. For applicant/complainant; Mr.NK Choudhari for Applicant/accused; Mr.KM Surywanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 7 th August, 2009. ... 1) Heard learned Counsel for the applicant/original complainant. He wants to assist the APP. I do not see any impediment for the same. Accordingly Criminal Application No.2733/2009 is allowed. 2) Heard learned Counsel for the applicant/accused and learned APP. 3) The applicant/accused, closed relation of the complainant, viz., wife, father- in-law, mother-in-law and brother-in law, seeks prearrest bail on the ground that there is belated FIR. It may be that complainant – Badrinath may have himself engulfed poisonous substance out of frustration and suffered. The admission of the complainant – Badrinath 2 at the hospital by police constable indicates to such circumstance. 4) At this stage of the matter, these contentions cannot be scanned threadbare. The fact remains there was CLW to the complainant – Badrinath. Apart from it, he had in his stomach poisonous substance found to that effect by the Medical Officer. Consequently, the parameter for exercise of powers under Section 438 Cr.P.C not available, Criminal application No.2464/2009 rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2733.09