1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.580 OF 2010 Balkrishana Narayan Gharat and ors. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.A.P.Mundergi,Sr.Advocate i/by Jayant Bardeskar, Advocate for the applicants. Smt.V.R.Bhosale, APP. For the State. WITH CRIMINAL APPLICATION NO.593 OF 2010 Ashwin Danny Rodrigues and ors. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr. A.P. Mundergi, Sr. Advocate i/by Niranjan Mundergi for the Applicants. Shri. Y.S.Shinde, APP. for the State in Criminal. CORAM : R.S. MOHITE, J. DATE : 1st April, 2010 PC : 1 Since both these applications arise from the same crime, both these applications can be conveniently disposed off by common order. The applicants in Criminal Application No.580 of 2010 2 are shown as an accused Nos. 1 and 2 in C. R. No. 65/10 registered by Nagothane Police Station, Raigad. The applicants in Criminal Application No. 593/2010 are shown as an accused Nos. 3,4,5 and 6 in the same crime. The crime is for the alleged offences under Sections 304 and 201 read with 34 of the I.P.C., under Sections 30 and 36(1) of the Arms Act and under section 9 and 51 of the Wild Life Protection Rules, 1972. In so far as offence U/s. 304 is concerned, the case of the prosecution is that deceased Narayan Pandurang Mahadik was experienced person in hunting. Accused No.4 who was owner of the licenced gun was part of the hunting party and he fired on a wild boar. In order to ascertain whether he had killed the animal, he got down from the jeep leaving his gun behind the deceased. While gun was being handled by the deceased it fired its second bore killing Narayan. Prima facie, in my view, at the highest offence may be under section Part -2 of Section 304 of the I.P.C. That offence is not punishable with life 3 imprisonment. All other offences are also not punishable with life imprisonment. It is stated that both the gun and jeep have been seized. T he applicants are arrested on 7.11.2009 and the charge sheet is already filed. In my view, trial can also proceed without further custody of the present applicants. It is therefore, directed that pending their trial in C. R.No.65/ 2009 registered by Naothane Police Station, the applicants may be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating Officer as and when called by the I.O. in writing and subject to the further condition that they will remain present on all the dates of the trial in the trial court unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. 4 ( R.S. MOHITE, J.)