(1) CRI. APLN. 5095.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5095 OF 2010 1. Ravindra S/o Dashrath Khakal Age : 35 years, Occu.: Agri., R/o. Khakalwadi, Tq. Ashti, Dist. Beed 2. Ankush S/o Asaram Deshmukh Age : 33 years, Occu.: Agri. R/o Kada, Tq. Ashti, Dist. Beed 3. Shaikh Jaker S/o. Shaikh Nidayat Age : 35 years, Occu.: Agri., R/o Kerual, Tq. Ashti, Dist. Beed 4. Gorakh Kisan Sonawane Age : 25 years, Occu.: Agri., R/o. Sheri Bk. Tq. Ashti, Dist. Beed 5. Deepak Dattatraya Sonavane, Age : 25 years, Occu.: Agri., R/o As above 6. Shaikh Ansar Hidayat Age : 37 years, Occu.: Agri., R/o Kerul, Tq. Ashti, Dist. Beed Applicants VERSUS The State of Maharashtra Respondent ..... Mrs. Sadhana S. Jadhav, Advocate for the Applicants. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... (2) CRI. APLN. 5095.2010 CORAM : V.R. KINGAONKAR, J. DATED : 16TH DECEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants are seeking bail under section 439 of the Cr.P.C. 2. Heard learned Advocate for the applicants and learned A.P.P. for the State. Perused the FIR and investigation papers. 3. It prima facie appears that the applicant no.1 Ravindra had lodged a FIR based upon which crime no.123 of 2010 was registered on 27.9.2010 for various offences including offence punishable under section 326, 324, 147 and 148 of the Indian Penal Code against Sachin Vitthal Suryawanshi and others including the first informant-Vitthal Suryawanshi. There was election rivalry between the two groups. The first informant Vitthal Suryawanshi is Police Patil of the village. It appears that in the course of the incident dated 26.9.2010, the applicants were injured. The applicant no.1 sustained the blows of sword and iron rod. It is alleged that the incident dated 29.9.2010 was the fall-out of the earlier (3) CRI. APLN. 5095.2010 incident. The first informant was informed on cellphone that his daughter-in-law by name Geetabai was forcibly administered poison by two unknown women. He immediately proceeded to City Care Hospital at Ahmednagar where the victim i.e. Geetabai was brought in a Maruti Van vehicle. On enquiry, Geetabai narrated to the informant that two unknown women had forcibly administered poison to her. She also narrated to the informant i.e. her father-in-law that those who had assaulted her husband, had conspired with the two unknown women and at their instance she was forcibly made to gulp down the poisonous insecticide. She died in the next noon whilst she was undergoing the medical treatment. 4. It appears from the investigation papers that dying declaration of deceased-Geetabai was not recorded in writing nor the names of the applicants were specifically referred to by deceased-Geetabai while narrating the medical history. It was her suspicion or hunch that unknown women had administered poisonous insecticide to her at the behest of the assailants of her husband. In other (4) CRI. APLN. 5095.2010 words, because of the earlier incident which had occurred a couple of days prior, she suspected involvement of the persons who had indulged in the quarrel with her husband and assault. As stated earlier, in fact, during course of the incident dated 26.9.2010 the applicants were assaulted and were admitted in the hospital. The FIR was lodged by the applicant no.1 without loss of time. 5. Considering these aspects, it will have to be stated that prima facie there is no tangible material to infer presence with the applicants at the relevant time when Geetabai was forcibly administered certain poisonous insecticide by the two unknown women. Notwithstanding the fact that the applicants were taken in Police custody for certain period after the arrest, the identity of those two unknown women also could not be located and nothing could be recovered from the applicants to connect them with the alleged crime. 6. In view of the foregoing reasons and the circumstances, the Application is allowed. The applicants are directed to be released on bail on (5) CRI. APLN. 5095.2010 furnishing of bail bonds in sum of Rs.15,000/- (Rs.Fifteen Thousand) each with a solvent surety bond each in the like sum, to the satisfaction of the Court of Session and on further condition that they shall not enter village Kerual (Tq. Ashti) and shall not contact any of the prosecution witness during the pendency of the Sessions case. They shall submit an undertaking to such an effect alongwith the bail bonds. Sd/- [V. R. KINGAONKAR, J.] arp