1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 255 of 2011 (Vinod S/o. Mohan Gadkar Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr.S.A.Mohta, Advocate for the applicant. Mr. N.R. Rode, APP for the State/non-applicant. CORAM : M.N. GILANI, J. DATE : 24 th June, 2011. Heard both sides. This is an application for releasing the applicant on bail in Crime No. 102/2010 for the offences punishable under Sections 498-A, 304-B, 306 read with Section 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act, 1961, registered at Police Station Shirpur, Taluka and District Washim. On the basis of F.I.R. lodged by Baban Godghase-father of deceased Lata, the aforesaid offence came to be registered. In his F.I.R., he alleged that his daughter Lata had married the applicant in February, 2010. To get the job, the applicant was in need of Rs.5,00,000/-. This amount was being demanded from the complainant. For not fulfilling the demand, deceased Lata was being ill-treated. Even he himself had witnessed the applicant while assaulting the deceased. On 16/12/2010, the deceased had talked to complainant on mobile that the applicant was severely ill-treating her and, therefore, he should pay Rs.5,00,000/-. After sometime the second 2 call was received by the complainant from the applicant that the deceased had become unconscious. When the complainant rushed to village, he found the deceased lying in an unconscious state. She was taken to the hospital, where she was declared dead. In the postmortem examination notes, no external injuries were found on the person of deceased. The Medical Officer reserved his opinion as to the cause of death impending receipt of report of Visera, which has been sent to Chemical Analyzer. Learned Additional Sessions Judge, Washim by his order dated 16/04/2011, rejected the application for bail. After hearing learned counsel for the applicant and learned APP, this Court is of the view that the Investigating Officer should obtain the report of Chemical Analyzer and on that basis final cause of death should be ascertained from the Medical Officer. Learned counsel for the applicant submitted that he may be permitted to move bail application afresh before learned Additional Sessions Judge, Washim and in that event learned Additional Sessions Judge shall decide such application particularly in the light of final opinion of the Medical Officer. In the result, the application is disposed of with the following directions. Investigating Officer shall, within a period of two weeks from the date of this order, obtain the report of Chemical Analyzer and on that basis shall obtain final opinion as to the cause of death of deceased from the Medical Officer, who conducted postmortem examination. All these documents shall be submitted before the concerned Court and on that basis learned Additional Sessions Judge shall decide bail application afresh, if any, 3 made in the light of entire material placed before him, without being influenced by the observations made while disposing of earlier bail applications in this matter. Learned Additional Sessions Judge shall make endevour to dispose of such bail application as expeditiously as possible. Copies of this order authenticated by the Shirastedar be provided to learned APP and learned counsel for the applicant. JUDGE *Sdw