IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 794 OF 2009 CRIMINAL APPLICATION NO. 794 OF 2009 CRIMINAL APPLICATION NO. 794 OF 2009 Mr.Salim Kadir Shaikh ...Applicant (Orig.Accused No.2) vs. The State of Maharashtra ...Respondent Mr.R.F. Lambay i/b. Mr.Vikas K. Singh for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 27, 2009 DATED : FEBRUARY 27, 2009 DATED : FEBRUARY 27, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Section 304 read with 34 of the IPC. 3. It is the case of the applicant that the complainant had taken her 10 year old daughter to a lady who was known in the area as a tantrik lady who was adept in removing ghosts from people who are possessed. It is alleged that the said lady asked the present applicant to put the hand of the girl on fire (dhoop) - 2 - after which the said girl died. Therefore, an offence was registered against that lady. Charge-sheet is filed in the present case. The charge which is levelled against the present applicant is that at the instance of the said lady, he has acted negligently which has resulted in the death of the girl. Since the offence is not punishable with either death or life and since apparently, prima facie, there was no intention on the part of the applicant to cause any harm to the deceased, in my view, the further detention of the applicant is not necessary. The applicant, in any case, acted on the instructions of that lady who had asked to give dhoop to the child. 4. Under these circumstances, the applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)