(1) CRI.APP. 3239.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3239 OF 2010 Bhausaheb Anshabapu Kolpe Age : 35 years, Occu.: Labourer, R/o. Wilad Pimpri, Tal. Nagar, District - Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. A.K. Gawali, Advocate for the Applicant Mrs. S.D. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application is for bail. 2. The applicant is arrested in connection with crime no. I-113/2010 registered at MIDC Police Station, Dist. Ahmednagar for the offence punishable under section 286, 337, 338 and 201 r/w. 34 of the Indian Penal Code as well as under section 5 of the Indian Explosive Substance Act, 1908. (2) CRI.APP. 3239.2010 3. Having heard learned Advocate for the applicant and learned APP and on perusal of the FIR and other papers, it prima facie appears that the contract was given for handling and collecting the scrap material from the premises of K.K. Range within the military area. The military contract was given to M/s Daulat Communication. Though it is alleged that the applicant was sub-contractor, yet there is no documentary evidence to corroborate such averment. It appears that on 28.7.2010, while the scrap was being sorted out, one hand-granade exploded and the labour by name Ravi Maruti Talang was injured during the said incident. 4. The FIR is lodged on basis of terms of the contract between Major General Commander of the A.C.C.S., Ahmednagar and M/s Daulat Communication. Whatever allegations are made in the FIR, would indicate that the authorised contractor did not take proper precaution while lifting away the scrap material before sorting out the same. In other words (3) CRI.APP. 3239.2010 the allegations pertain to charge of negligence on account of omission by the contractor. 5. Considering these aspects, the applicant is entitled to seek liberty inasmuch as his presence with the Police is no more required for the purpose of effective investigation. 6. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety to the satisfaction of the Court of Chief Judicial Magistrate, Ahmednagar. Sd/- [V.R. KINGAONKAR, J.] arp