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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.1241 OF 2021

Sagar Gorakh Mane & Anr.

.... Applicants

versus

State of Maharashtra

.... Respondent

…....

•

Mr.V. V. Purwant i/b. Raju M. Yamgar, Advocate for Applicants.

•

Ms.Pallavi N. Dabholkar, APP for the State/Respondent.

CORAM : SARANG V. KOTWAL, J.

DATE

: 31^st MARCH, 2021

P.C. :

1.

The Applicants are seeking their release on bail in

connection with C.R.No.771/2020 registered with Mohol Police

Station, Solapur, dated 23/11/2020 under sections 302, 307,

452 r/w 34 of the Indian Penal Code.

2.

The Applicants were arrested on 23/11/2020 and since

then they are in custody. Investigation is over and the charge-

sheet is filed.

Nesarikar

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3.

Heard Mr.V. V. Purwant, learned counsel for the

Applicant and Ms.Pallavi N. Dabholkar, learned APP for the

State.

4.

Applicant No.2 is Applicant No.1’

s father. Applicant

No.1 had an affair with one Pradnya, who was married to one

Shankar Namdev Mane against her wish. The case pertains to

death of Shankar’

s father Namdev and forcible administration of

poison to both Namdev and Shankar. According to the

prosecution case, there was enmity between the two families.

The villagers in the village tried to resolve the issue by taking

both of them to a temple praying for divine intervention to find

out the truth. However, the Applicants’ family refused to oblige.

The deceased and his son were not happy with the situation.

The prosecution case is that on 22/11/2020, in the night, four

persons covering their face entered the house of Namdev and

Shankar. They forcibly administered poison to Namdev and

Shankar. Namdev succumbed to poisoning. Shankar survived.

On this basis FIR is registered.

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5.

Learned counsel for the Applicant submitted that the

incident could not have taken place as described in the

prosecution case. He submitted that it was a case of suicide by

Namdev. Even Shankar had attempted to commit suicide. But he

survived. He submitted that there is correspondence between

SDPO and the Investigating Officer and only at the instance of

the superior officer section 302 is added in the charge-sheet. The

police had treated this case as a case of suicide. He submitted

that there are statements of witnesses to show that Shankar was

always under depression and because of this, there used to be

fight between Shankar and his father, which had led to

commission of suicide. There are statement of some witnesses

who had seen the Applicants in their house at the time of

commission of offence.

6.

Learned APP opposed this application. She submitted

that there is an important statement of one of the victims

Shankar himself who had stated about the exact role played by

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the Applicants. He has stated that four people entered their

house covering their faces. During the incident the Applicants

were unmasked and therefore he could recognize them. Shankar

and his father were forcibly administered poison. She therefore

submitted that bail should not be granted to the Applicants.

7.

I have considered these submissions. With assistance of

both the learned counsel I have perused the charge-sheet.

8.

The FIR is lodged by Jayashree Namdev Mane, wife of

Namdev. She has stated that the incident had taken place on

22/11/2020 at about 11.30 p.m. That time she was in the

kitchen. Unknown persons had entered their house and they had

forcibly administered poison. The statement itself is rather

doubtful. If she was in the house, it is difficult to believe that she

did not see anybody entering her house. She could only see the

incident after those persons were actually administering poison

during the scuffle.

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9.

The post-mortem notes show that there was no

external injury except therapeutic injection mark. The cause of

death was mentioned to be consistent with poisoning. However,

nece