1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1700/2009. (Mohan Sakharkar vs. State of Mah..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 10 th June, 2009 Heard Shri Malke, Advocate for applicant and Shri Thakre APP for state. Interim order was passed on 30.4.2009. It is stated that deceased was with the applicant as the wife of the applicant was not keeping well, with the consent and they were living happily. It is also contended that on the date of incident because she had suffered loose motions she was taken to cottage hospital. However, it was closed, so she was taken to Government Medical College, Nagpur by the applicant. Deceased seems to have been admitted in the hospital on 28.3.2009. However, despite treatment she suffered death. The cause of death is stated to be cardiac respiratory arrest. The death is alleged to be because of consuming some poison by the deceased. She was cremated on the same day. Brother of the deceased resides in the same village. He later on lodged report to the police station on 2.4.2009. Delay is of about 3 days which is not satisfactorily explained. Taking overall view of the matter and taking into consideration the fact that though the learned trial Judge has observed that on the date of incident deceased was assaulted mercilessly, no corresponding injuries are pointed out by the learned APP from the P.M. Report to show that she has suffered any injury due to such beating and therefore she had consumed 2 poison which ultimately resulted in her death. It is doubtful whether offence under section 306 of IPC is made out. It is necessary to bear in mind that the offence of any assault is not registered against the applicant. In these circumstances, interim order needs to be confirmed. Same is confirmed thus: In the event of his arrest, in crime no. 21/2009 of P.S. Bhivapur, applicant be released on bail, on his furnishing surety and PRB of Rs.15,000/- subject to condition that he shall report P.S. Bhivapur as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Liberty to respondent to move for cancellation of bail, if the circumstances so warrant. Application stands disposed of. ` JUDGE SMP