Babasaheb Laxman Patkal And Another v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO.547 OF 2022 WITH APPLN/1599/2022 IN ABA/547/2022 BABASAHEB LAXMAN PATKAL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA Mr. S.J. Salunke, Advocate for applicants;

Mr. V.S. Badakh, A.P.P. for respondent with Mr. A.R. Lukhe, Advocate for applicant in Application No.1599 of 2022 CORAM : S. G. MEHARE, J.

DATE : 21st June, 2022 P.C.

1.

Heard the learned Counsel for the applicant and learned A.P.P. for the respondent with learned Counsel Mr. Lukhe for the complainant as he was allowed to assist the learned A.P.P. Application No.1599 of 2022 filed by complainant to assist the learned P.P. is allowed.

2.

It is very unfortunate that within two months of the marriage, a report had been lodged by a newly married woman against her husband and in-laws alleging that they were demanding Rs.4 Lakh to purchase an agricultural land. The mother-in-law had asked the

(2) complainant to eat carrot pudding, which was prepared a day before and thereafter she got some stomach problem and she was uncomfortable and had vomiting. The father-in-law of the complainant admitted her to the hospital. She herself had cooked that carrot pudding but alleged against the in-laws and husband that they attempted to kill her by administering poisonous carrot pudding. The first information report appears a natural. It may be a case of food poisoning. The Doctor has diagnosed that it was an organo phosphorous poisoning. The report of the Chemical Analyzer though directed by this Court has not been collected by the Investigating Officer. There is no prima facie material to connect the applicants with the alleged offence. There is nothing to be recovered or discovered from the applicants. Hence, the application deserve to be allowed. I, therefore, pass the following order:- i) The Application is allowed.

ii) The interim protection granted to the applicants by this Court, by order dated 5.5.2022, is confirmed on the same terms and conditions of bail bonds with modified condition that the applicants

(3) shall attend the concerned police station as and when called by the Investigating Officer, on the written notice. (S. G. MEHARE, J.) amj