1 RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3431 OF 2009 Subhash Babu Shinde .. Applicant Vs The State of Maharashtra .. Respondent Ms. Shabana Shah for the Applicant Mr. Y.M. Nakhawa, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 25th February, 2010 IN CHAMBER AT 2.40 P.M. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The Applicant is seeking bail in C.R. NO. I-328 of 2007 of Manpada Police Station, Thane. The said case is mainly under Sections 302 and 307 of IPC. 3. The Applicant is a driver by profession. The vehicle he was driving dashed Mohan Mhatre and Bhalchandra Mhatre. Mohan Mhatre expired due to injuries and Bhalchandra Mhatre sustained injuries. The case of the Applicant is that it was a case of simple accident. appln3431-09 2 However, the prosecution case is that it was a case of conspiracy and the main conspirators being Gurunath Mhatre and Kavita Mhatra. Both these accused i.e Gurunath Mhatre and Kavita Mhatre have been granted bail. All the accused except the present Applicant are on bail. The Applicant has been in custody for about 2 and 1/2 years. Besides the present case, the Applicant has a clean record. He is a permanent resident of Kinnavali, Thane. Moreover, it is not the case of the prosecution that the Applicant is likely to abscond. The report of Investigating Officer to that effect is taken on record. 4. In view of the above facts, I am inclined to grant bail to the Applicant. 5. The Applicant - Subhash Babu Shinde be released on bail in the sum of Rs. 30,000/- [Rs. Thirty Thousand Only] with one or two sureties to make up the said amount. The sureties shall be local sureties. The Applicant shall report to Manpada Police Station, Thane twice in a week i.e Thursday and Sunday till conclusion of the trial. 6. Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] appln3431-09 3 appln3431-09