YUVRAJ SHANKARRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Senior Counsel for the applicant, learned Public Prosecutor for the State and the learned Senior Counsel for the original complainant.

(2.) THIS is an application for bail. The applicant was arrested in connection with an offence punishable under Section 302 of the IPC registered at Koregaon Police Station, Satara, vide C.R.No.59/2008.

(3.) SHRI Borulkar, learned Public Prosecutor appearing on behalf of the State, vehemently opposed the submission made by the learned Senior Counsel for the applicant. He submitted that the applicant had administered an injection sometime between 3 p.m. and 4 p.m. on 15th July, 2008 which had resulted in the deceased becoming unconscious and thereafter, she was admitted to the hospital. He submitted that the empty vials which were in the hospital, one vial was used and the entire dose was administered to her. It was submitted that the immediate effect of this drug was reduction of blood pressure. He submitted that the deceased had experienced similar conditions two days before the said incident when the similar injection was given to the applicant. The learned Government Pleader invited my attention to the chart of phone calls by the applicant to the Lab Assistant. It was submitted that on the date of the incident itself, as many as 50 calls were made since the morning and even during the time when the drug was administered to the deceased, even at that time between 3 p.m. and 4 p.m, two phone calls had been made by the applicant. It was submitted that the deceased had taken objection to the extra marital affair of the applicant and therefore, she was systematically eliminated by the present applicant. It was submitted that the previous conduct of the applicant coupled with the motive to commit the offence and the statement of the maid servant and the sister of the deceased clearly established her link which points towards the role of the applicant. He submitted that the maid servant had stated in her statement that the applicant had asked his daughter to go out of the house before administering the injection. Similarly, he asked the other maid servant to go out of the house when the drug was administered. It was submitted that therefore, this was not a fit case for grant of bail.