1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3168 OF 2009 Vinod Udhav Ade and another Versus State of Maharashtra *** Mr. S. G. Chincholkar, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 23rd SEPTEMBER, 2009. 1. Heard. Based on earlier statements dated 16th September, 2009 by the counsel, learned A.P.P. has made inquiry with the Investigating Officer and she has received a FAX communicated dated 22nd September, 2009 intimating that there was no dying declaration of Babybai W/o Madhav Ade, who expired on 15th July, 2009. 2. In a skirmish occasioned on 12th July, 2009, making both the fractions to report against each other, there was aftermath giving a colour of suicidal attempt by the victim dated 13th July, 2009 and succumbing to the same dated 15th July, 2009. The 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. counsel for the accused rightly submitted, the victim was conscious all through out, from date of her consuming poison till she was shifted to the hospital and other hospital. The police office must have recorded the dying declaration but as stated earlier there is no dying declaration. This, at this stage, projects a doubtful event to accept the prosecution case as a gospel truth. 3. The applicants are in custody from 25th July, 2009. Considering the nature of allegations and the acrimony developed between the parties, the apprehension nursed by the bereaved family can be taken care by directing the applicants not to live in the village in particular. Hence, order. 4. The accused/ applicants be released on their furnishing P.R.Bond and surety in the sum of Rs. 15,000/- [Rupees fifteen thousand only] each, in Crime no.23 of 2009 registered with Mandvi Police Station, Taluka Kinwat, District Nanded, till charge 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. sheet is filed. 5. The accused/ applicants, after their release, shall attend the concerned police station on every Sunday and Thursday between 10.00 a.m. to 05.00 p.m. till charge sheet is filed. 6. The accused/ applicants shall not live within the vicinity of Ramji Naik Tanda and shall give their changed address and contact number to the investigator, for a period of one year. [K. U. CHANDIWAL, J.] Dated:23/09/2009. ans/3168