1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.127/2011 (Milind Shriram Vaidya ,vrs, State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.H. Mahajan, Advocate for applicant, Mr. D.P. Thakre, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : MARCH 31, 2011 Heard. The learned counsel for the applicant has sought leave to withdraw the application with liberty to renew the prayer for bail after receipt of the report of Chemical Analyser regarding matters revealed during the analysis/examination of the material collected from the spot of incident and sent for examination and queries made regarding the same. The said request is not objected by the prosecution. Having regard to the material so far surfaced on record during the course of investigation and the same not containing any dying declaration made by the deceased regarding circumstances connected with the death, merits and demerits of the borne contention of the applicant even prima facie will be required to be 2 determined after taking into account the matter transpired during the examination made by the Chemical Analyser about the articles sent to him for examination and the opinion given by him regarding queries made. The same appears accordingly as admittedly there could not have been any eye witness for the incident occurred and though one can containing 1½ kerosene in open condition was found at the place of offence, other cans full of kerosene were also noticed at the same place. In view of the same, for serving interest of justice, the liberty, as prayed, deserves to be granted. The application stands disposed of as withdrawn with liberty to the applicant to renew the prayer for bail, if advised, after receipt of report from C.A. Investigating Officer of Crime No.75/2010 is directed to take necessary steps for obtaining the report of C.A. at the earliest. Criminal Application (APPP) No.295/2011 Heard. For the reasons mentioned in the application, the same is allowed. JUDGE Gulande