..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.166 OF 2008 Shri Sanjay Laxman Divare. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.V.V.Gangurde, Adv. for the applicant. Mr.K.V.Saste, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th July, 2008. DATED : 11th July, 2008. DATED : 11th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.I-257 of 2007 of Ulhasnagar police station. The said case is under Section 302 of IPC. 3. The complainant who is an eye witness has stated that the present applicant and other accused had tied the hands and legs of her father-in-law Prabhakar (deceased). They had abused him and the present applicant had beat her father-in-law with iron pipe. The post-mortem ..(2).. notes show three injuries on the person of the deceased. The learned Advocate for the applicant submitted that the inquest panchnama does not mention any injury on the body of the deceased and hence the injuries in the post-mortem notes cannot be relied upon by the prosecution. As far as this aspect is concerned, the learned APP has pointed out that earlier the investigation was carried out by another investigating officer. As there was faulty investigation in the present case, action was taken against the said investigating officer and investigation has been transferred to another officer. Looking to this fact, I am not inclined to place reliance on the inquest panchnama. 4. Thereafter the learned Advocate for the applicant submitted that the cause of death is intoxication and hence the applicant cannot be said to be responsible for the death of Prabhakar. However, looking to the specific role attributed by the complainant to the present applicant, I do not think that this is a fit case to grant anticipatory bail. Application for anticipatory bail is rejected. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)