1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION ABA) NO. 169 OF 2011 ( Shaikh Hanif Shaikh Haidar Vs. State of Maharashtra PSO PS Balapur Distt. Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. M. Ghare Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JUNE, 2011. . The deceased who used to work as a labour on the site of excavating the sand and filling it in the truck or tractor died on 12.04.11. Because of the digging of the sand the tunnel like structure, that means ground portion becoming hollow and upper projection remaining hanging, is formed. When the labourers were excavating the sand the upper hanging projection collapsed and labourers were trapped inside. Deceased Firoz Khan succumbed to the injuries sustained in this freak mishap. His mother lodged report and offence under Section 304 Indian Penal Code came to be registered. Learned Additional Sessions Judge rejected the bail 2 application. This Court (Coram: Tahaliyani J.) granted interim protection with a condition that applicant should not leave the jurisdiction of Balapur Police Station without twenty four hours' prior intimation to Police Station Officer Balapur. The facts are of peculiar nature. It is really a matter of deliberation as to whether the case really falls under Section 304 or 304-A of Indian Penal Code. In that light of the matter interim protection was granted by this Court. Certainly, the facts are different from the usual facts where injuries are caused with the knowledge that it would result in death of the person. Even apart, the applicant appears to be the petty supplier of sand, therefore, his functioning and carrying on the business is of casual nature. In this view of the matter interim bail granted by the Court stands confirmed subject to conditions that he shall attend Police Station Balapur on every alternate day till charge sheet is submitted. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.