1 APPLN-1351.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1351 OF 2011 The State of Maharashtra .... Applicant Vs. Vikas Kakaso Shinde .... Respondent Ms R.M. Gadhvi, APP, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: DECEMBER 14, 2011 P.C: 1. This is an application for leave to file appeal against acquittal of the respondent of the offences punishable under Sections 279, 304-A, 338 and 427 of the IPC and Sections 184, 146 and 196 of the Motor Vehicles Act. The respondent was supposed to be driving a Hero Honda Splendor motorcycle bearing No.MH-12- CB-7351. While over-taking a jeep which was proceeding in the same direction, he gave a dash to a motorcycle coming from the opposite side bearing No.MH-11-AD-927 resulting in severe injuries being caused to the motorcyclist and eventually causing the death of Babasaheb Krishnarao Patil who was the victim on the said motorcycle. The learned 2 APPLN-1351.11 Magistrate held that the prosecution had miserably failed to prove that the accused was actually over-taking the jeep at a high speed in spite of evidence of three witnesses who said so. Hence leave granted. Appeal admitted with respect to acquittal of the respondent for the offences punishable under Sections 279, 304-A and 338 of the IPC and Sections 184, 146 and 196 of the Motor Vehicles Act. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. Needless to say, action under Section 390 means that the learned Magistrate may cause the accused to be produced before him by appropriate process and take security from them for their appearance in the Appellate Court. If the accused appear on their own, the learned Magistrate need not wait for process to be issued or served upon the accused but shall admit them to such bail as he may deem fit. 2. The application accordingly stands disposed. (R.C. CHAVAN, J.)