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2022 DIGILAW 1302 (BOM)

Babasaheb Laxman Patkal v. State Of Maharashtra

2022-05-05

VIBHA KANKANWADI

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JUDGMENT Vibha Kankanwadi, J. - Heard learned advocate for the applicants. 2 Learned aPP strongly opposes the application for grant of any interim relief on the ground that the matter is coming for the first time and he is yet to receive the papers. Contents of the First Information Report shows active involvement of the present applicants. 3 The applicants are the father-in-law and mother-in-law of the informant. as regards Sections 498-a, 323, 504, 506 are concerned, the ratio laid down in arnesh Kumar vs. State of Bihar, 2014 (8) SCC 273 would be applicable. as per the contents of the First Information Report even Section 307 of the Indian Penal Code has been invoked. For attracting the said Section the facts are stated that the informant had prepared carrot halwa for the husband's tiffin on 20.02.2022 and she says that some portion of the same was remaining and on the next day the applicant No.2 gave the remaining halwa to the informant at about 1.30 p.m. on 21.02.2022 when she was taking lunch. according to her, after eating halwa she started vomiting and felt giddiness and then became unconscious. according to her, she regained the conscious on 03.03.2022 at about 10.00 a.m. She was told by her father that the present applicants had admitted her to the hospital as some poisonous substance was consumed. The informant intends to tag it with the alleged demand of Rs.4,00,000/- by the present applicants and her husband, for which she states that she was subjected to cruelty. 4 at this stage, the medical papers are not available, however, what could be gathered from the order passed by learned additional Sessions Judge, ahmednagar on 18.04.2022 that he had perused the medical reports and the medical reports disclose that it was the case of organophosphate poisoning. The important documents are, as to whether the stomach wash was given and if it is given, whether it has been sent for Chemical analysis or any other samples which were sent for analysis or not and whether the report has been received. Bare perusal of the facts may also give a theory about food poisoning but then learned aPP submits that if it would have been a case of food poisoning it would have taken at the most 2-3 days for recover and gaining consciousness. Here, the informant was unconscious for about 11 days. Bare perusal of the facts may also give a theory about food poisoning but then learned aPP submits that if it would have been a case of food poisoning it would have taken at the most 2-3 days for recover and gaining consciousness. Here, the informant was unconscious for about 11 days. We are not experts and therefore, we will have to depend on the reports of the experts. Therefore, till that date the applicants deserve protection. 5 Issue notice to the respondent, returnable on 21.06.2022. Learned aPP waives the notice for the respondent. 6 In the meantime, in the event of arrest of the applicants viz. 1) Babasaheb Laxman Patkal and 2) Vijaya Babasaheb Patkal, in connection with Crime No.204/2022 dated 06.03.2022 registered with Pathardi Police Station, Dist. ahmednagar, for the offence punishable under Section 307, 498-a, 323, 504, 506 read with Section 34 of the Indian Penal Code, they be released on P.R. Bond of Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties of Rs.15,000/- (Rupees Fifteen Thousand only) each. 7 applicants shall not indulge in any criminal activity nor shall tamper with the prosecution evidence, in any manner. 8 The applicants shall not try to contact the informant and the other witnesses, in any manner. 9 They shall cooperate with the investigation. 10 applicant No.1 to remain present before the Investigating Officer on every Tuesday between 10.00 a.m. to 02.00 p.m., till further orders. 11 aPP to make an endeavour to get the C.a. report on or before the next date.