PRAVIN PREMSWAROOP KHANDELWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned senior counsel for the applicant and the learned A. P. P. for the State.

(2.) THE applicant is seeking bail in C. R. No. 206 of 2007 of Nigadi Police Station, Pune. The said case is mainly under Section 302 of IPC.

(3.) IT is the prosecution case that one Aditi Sharma and Udit (deceased) were both studying in Pune. A love affair developed between the two of them and they were to get married. However, thereafter their relations broke off. This was approximately 8 months prior to the incident. Thereafter, Aditi was involved with the applicant Pravin Khandelwal. It is the case of the prosecution that applicant Pravin had threatened Udit in October, 2006. Thereafter the applicant Pravin and Aditi both went to Gurgaon near Delhi. It is the prosecution case that on 22. 4. 2007, applicant Pravin and Aditi both came to Pune and they resided in a lodge. Aditi contacted Udit and they met at Mc'donalds at Pune at about 9. 30 p. m. there Aditi gave him some "prasad" which Udit consumed. Thereafter, Udit came back to his room. After some time, Udit started vomiting and having loose motions, hence, he came to be admitted in the hospital in ICU. Udit was unconscious at that time. The stomach wash was taken and it was found that the contents contained the poison ''arsenic". Udit died on 24. 4. 2007 in the hospital. The complainant does not state that the present applicant was present at Mc'donalds when the poison was given to Udit. No witness has stated that the present applicant was present at Mc'donalds when the poison was given by Aditi to Udit. In fact, it is not the prosecution case that he was present at Mc'donalds when Aditi gave the "prasad" to Udit. The case of the prosecution is that threats were given by the applicant to his son Udit about 8 months prior to the incident and Aditi and Pravin entered into criminal conspiracy to poison Udit. It is seen that the threats were given approximately eight months prior to the incident. No witness states that the present applicant was present at Mc'donalds. The applicant has been in custody since 16. 5. 2007.