/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLIATION NO.878 OF 2008 Vinay Kumar Fituram Jayaswar ...Applicant V/s. The State of Maharashtra ...Respondent Mr.Dilip Rai i/b. R.N. Rai for Applicant. Ms.M.H. Mhatre APP for the State. CORAM : V.M. KANADE, J. DATED : 31st MARCH, 2008. P.C.:- 1. Heard learned counsel for the Applicant and learned APP for the State. 2. Applicant was arrested in connection with an offence punishable U/s.279, 304 r/w 34 of IPC and Section 134(a) and (b) of Motor Vehicle Act. He was arrested on 14/02/2008. 3. Prosecution case is that the Applicant was driving a Matador which was converted into a School Bus on 13/02/2008 and taking a / 2 / school boy namely Pratham Nilesh Jain in his matador and the Matador van drove over a ditch as a result of which boy sustained serious injuries on head. It is alleged that the Applicant left the boy outside his house and did not inform his parents. Thereafter, the said boy was admitted in the hospital, but he succumbed to the injuries. Accused No.2 who is owner of the vehicle has been released on bail. Chargesheet is likely to be filed within two weeks. Applicant is in jail since 14/2/2008. It is not case of the prosecution that the Applicant deliberately killed the deceased boy Pratham Jain. Admittedly an accident took place. At this stage, therefore, in my view, the Applicant would be entitled to be released on bail. Applicant is permanently residing in Mumbai and therefore, is not likely to abscond. Applicant, therefore, be released on bail in the sum of Rs.10,000/- with one or two sureties in like amount. Applicant shall report Borivali Police Station once in a week. . Criminal application is disposed of accordingly. V.M. KANADE J. / 3 /