1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.234 OF 2010 1. Ramesh S/o.Gangaram Thengal, Age-50 years, Occu-Labour Work, 2. Sunil S/o.Bhaurao Shelke, Age-37 years, Occu-Labour work, 3. Mahadeo S/o.Bhaurao Shelke, Age-30 years, Occu-Labour work, All above R/o.Bengali-Pimpla, Tq.Gevrai, Dist. Beed APPLICANTS VERSUS The State of Maharashtra, Through Police Station, Wadavani, Dis. Beed ` RESPONDENT Mr.S.J.Salunke, learned counsel for applicants. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 40/2009, registered in Wadwani Police Station for the offence punishable u/s. 302 r/w. 34 of IPC, in which the applicants came to 2 be arrested on 01/09/2009, wherein after completion of investigation, charge sheet came to be filed in the Court of J.M.F.C. Wadwani, and the trial is yet to be committed to the Court of Sessions for final disposal. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. 3. It appears that the complaint came to be lodged on 28/10/2009 by one Pushpa, the wife of the deceased alleging that her husband deceased Sunil was brought by the present applicants at their residence, to whom with he was working. As he was not feeling well, he was taken to the hospital at Beed, where he was admitted and later on in the evening he succumb to death. On suspicion by the brother of the deceased that the applicants might have administered the poisonous substance to deceased which might have resulted in his death. It appears that initially after investigation is over, on 17/12/2009, report of “B” summary was filed by the police to close the case which was not accepted by the trial court and fresh investigation was directed vide order dated 21/12/2009. Accordingly, after completion of the fresh investigation, charge sheet came to be filed on 27/01/2010. 4. Considering the submissions across the bar, particularly in the light of probable cause of death as shown in the post mortem notes is unknown poison and viscera was sent for chemical examination. 3 Now the CA report about the contents of viscera is on record, which do not detect any poisonous substance in the said viscera, hence death due to poisoning is rulled out. 5. Prima facie case is made out to enlarge the applicants on bail. It is to be noted that these observations are prima facie and the Sessions Court not to influence with these observation, hence order : O R D E R 1. Application is allowed. 2. Applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.234-10