abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4125 OF 2007 1. Ananda Balwant Patil 2. Balwant Dnyandev Patil 3. Shalabai Balwant Patil .. Applicants V/s State of Maharashtra .. Respondents Mr.S.S. Patwardhan for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicants are in custody since 8th October 2007 in connection with the offence registered with Shahuwadi Police Station, Kolhapur under C.R. No.88/2007 punishable under sections 306 and 498A read with 34 of the Indian Penal Code. 3. The applicant no.1 is the husband, the applicant - 2 - no.2 is the father-in-law and the applicant no.3 is the mother-in-law of the deceased. The deceased died on 7th October 2007 after being admitted in the hospital. The death was reported to the police by the uncle of the deceased wherein there was no allegation against the applicant. On the next day, i.e. on 8th October 2007, a statement of another uncle of the deceased was recorded in which an allegations have been made that the deceased was treated with cruelty for non-giving of gold mangalsutra at the time of wedding. Some other allegations of cruelty are also made. 4. The deceased was admitted to the hospital by the applicants no.1 and 2 themselves. There were no injury on the body of the deceased. Post mortem was conducted and viscera was preserved. In the post mortem report, no opinion was given as to the cause of death as the opinion was withheld till the report of chemical analyser. 5. The application made by the applicants before the Sessions Court was rejected vide order dated 2nd November 2007. At that time, the repot of the chemical analyser in respect of viscera was not received. The report of the chemical analyser has since been received and a copy thereof is tendered by the counsel for the applicant. Learned A.P.P. confirms that it is a true - 3 - copy. The copy is taken on record and marked "X" for identification. The report shows that the chemical testing does not reveal any poison in Exhibits (i) and (ii), that is in the contents of the stomach and the lungs. Thus, there is no prima facie material to even prima facie decide whether the death was homicidal or natural. 6. Taking an overall view of the matter and taking into consideration the report of the chemical analyser and also the fact that in the first report filed with the police on 7th October 2007 there are no allegations of ill-treatment to the deceased at the hands of the applicants and also taking into consideration the fact that the trial is not likely to commence in the near future, the applicants are entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicants shall be released on bail in connection with the offence mentioned above on each of them executing personal bond of Rs.30,000/- with two sureties of Rs.15,000/- each subject to the following conditions: (a) The applicants shall cooperate with the investigation and attend the concerned police station - 4 - once a month between 1st and 5th of every British calendar month. (b) The applicants shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (D.G. KARNIK, J.)