{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1938 OF 2010 Chaitanya s/o Pandurang Umbre Age-25 years, Occ-Service R/o Umbre Kotha, Tq & Dist-Osmanabad APPLICANT VERSUS 1. The State of Maharashtra Through Police Inspector, Osmanabad City Police Station, 2. The District Superintendent of police Osmanabad, Dist-Osmanabad RESPONDENTS ....... Mr.R.N.Dhorde h/f Mr.A.D.Rajput, Advocate for the applicant Mr.D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th June 2010 PER COURT: 1. By the present application, the applicant, who is serving as an Engineer with Bharat Electronics, Bengalore, has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.83/2010 registered with Osmanabad City Police Station for an offence punishable u/s 302 and 201 of the {2} Indian Penal Code. 2. On 14th May 2010, interim protection is granted in favour of the applicant that in the event of his arrest in the above said offence, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Heard learned counsel for the applicant followed by learned APP. 4. While considering the rival submissions, certain facts require consideration that the relationship between the applicant Chaitanya and deceased Smita are that of brother and sister, albeit distant. The alleged incident had occurred in the afternoon of 24th July 2007. In the said incident, Smita expired due to burn injuries. Accordingly, report was lodged with the police by the father of Smita, and ADR was registered at ADR No.58/2007. Thereafter, PM was conducted wherein it is opined that the death is caused due to 100% burn injuries. One injury was also noticed on the right side above the ear. During the said ADR inquiry, statements of the parents of the deceased Smita were recorded. They had disclosed that the clothes on her person caught fire while she was preparing tea for her grand father. Thereafter, the file was closed. 5. It appears that in the year 2010, the case is reopened, as a report is received from the Chemical Analyzer that traces of {3} kerosene were found on the under garment of the deceased. Therefore, again inquiry was initiated wherein statement was given by the mother of the deceased that there was some affair between the applicant and deceased, however no particulars are furnished. It is stated by the mother of the deceased that on the fateful day previously Smita was assaulted and killed by the applicant and then she was set on fire. Hence, an offence of murder and concealing of evidence came to be registered against the applicant. 6. Learned counsel for the applicant has urged that the applicant has obtained degree in engineering in the year 2005, thereafter he appeared for GATE examination in the year 2006, however as he could not get satisfactory rank, he again appeared in the said examination in the year 2007 and he was offered education at Gauhati where he completed his post graduation in Engineering. It is also contended that on 22nd August 2009 the applicant has been selected as Engineer and appointed at Bharat Electronics, Bangalore. According to learned counsel for the applicant, out of jealousy and as the prosperity of the applicant is not seen by the parents of deceased, the applicant is falsely implicated in an offence, which had occurred 2 and 1/2 year back. It is also submitted that as now the investigation has been reopened and all the statements are altered after a period of 2 and 1/2 years, the applicant be released on anticipatory bail. 7. Learned APP opposed the application on the ground {4} that as per the further statements recorded it is revealed that the applicant was seen along with the deceased before the incident and hence involvement of the applicant in the alleged offence cannot be ruled out. 8. Admittedly, the incident had occurred in the house of the deceased and she was found in burnt condition outside the house. Perusal of the description of the dead body, as described in the compliant, indicate that all the clothes on the person of the deceased were burnt, except the under garments and the entire body was burnt. No expert opinion is required that if the human flesh is burnt, it gives bad pungent smell and attracts attention of others, as it becomes intolerable. The body could not have been remained in same burnt condition for a considerable time, however could have certainly caught attraction of others. Considering this discussion, as at the relevant time none of these things happened or noticed by Mr.Jokir, whose statement was recorded during the ADR inquiry as well as after reopening of the investigation. It is urged that to save the reputation of the family, nothing was stated during the ADR inquiry, however, now they suspect the involvement of the applicant. Considering the statements recorded during the ADR inquiry and recorded after reopening of the investigation it appears that something is required to read between the lines. In the premise, this is a fit case where the court can exercise its extra ordinary jurisdiction to enlarge the applicant on anticipatory bail. {5} 9. In the result, the application is allowed. The interim protection granted on 14th May 2010 is hereby confirmed and to remain in force till filing of the charge sheet. The applicant may apply for regular bail after filing of the charge sheet, if so advised. The applicant is directed to surrender his passport with the Osmanabad City Police Station till conclusion of the trial or report about the investigation is filed. Applicant is also directed to cooperate with the investigating agency. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1938-10