1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1398/2009 (Deorao Uttamrao Solanke and others..vs.. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 29 th APRIL, 2009 Heard Shri Karia, Advocate, for the applicants and Shri Thakare, APP, for respondent State. This is an application under Section 438 of Cr.P.C. for grant of arrest. The applicants are apprehending arrest for the offence punishable under Sections 306, 498-A, 302 r/w Section 34 of the I.P.C. in Crime No. 136/2008 of Police Station Dharni. The prosecution is mainly relying on the statement of Prachi, the daughter of the deceased, to the effect that the applicant had put some medicine(s) in the water and forced the deceased to drink and thereafter she died. Earlier, it seems that the offence under Section 306 of the I.P.C. was registered against the present applicants and the husband, besides the offence under Section 498-A r/w Section 34 of the I.P.C. Later on, after recording the statement of Prachi, daughter of 2 the deceased, the offence was converted from Section 306 to Section 302 of the I.P.C. On perusal of the statement of Prachi, it has appeared that she only implicated the husband of the deceased i.e. her father. There is no incriminating statement as regards the present applicants made by her. As per the order dated 14.10.2008,when the offences were alleged to be under Sections 498-A and 306 r/w 34 of the I.P.C., the present applicants were directed to be released on anticipatory bail by the learned Additional Sessions Judge, Achalpur, however. later on that order was not continued by him inasmuchas offence under Section 306 was converted into Section 302 of the I.P.C. Such an order was passed by the learned Additional Sessions Judge, Achalpur, on 23rd March, 2009. The learned APP tried to contend that the applicants have to move proper application before the Additional Sessions Judge for bail for the offence under Section 302 of the I.P.C. Taking over all view of the matter, I am of the opinion that the applicant need not be directed again to move the Additional Sessions Judge for grant of anticipatory bail. This Court can pass appropriate orders which are warranted. In these circumstances, each of the applicants in the event of arrest for the offence punishable under Sections 498-A, 302 r/w Section 34 of the I.P.C. in Crime NO. 136/2008 of Police Station Dharni, be released on 3 bail on furnishing Surety and P.R.Bond of Rs. 25,000/- subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station on first Sunday of each month at 11 a.m. until further orders or till the trial is over. Application disposed of. Hamdast granted. JUDGE Rvjalit