1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 411 OF 2011 (Sukhdeosingh Jarnalsingh Vs. State of mah. PSO PS Seloo Distt. WArdha) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. M. Rizwy Adv for applicant. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 5th AUGUST, 2011. . This is an application for releasing the applicant on bail against whom offence bearing Crime No. 103 of 2011 under Sections 279, 304(A) of Indian Penal Code, 184, 134(B) of Motor Vehicle Act and Section 5 of Indian Explosives Act, has been registered with the Police Station Seloo district Wardha. Applicant is a Driver of a tanker bearing No. GJ- 16/X-6229 which met with an accident on Nagpur-Wardha highway. The boy by name Rohit was crushed under the rear wheels of the tanker. Fearing assault the applicant parked the truck and went to the police station. The truck was then seized by the police. During search of the cabin of the truck 7 cartridges .2 calibre were found. The investigation reveals that about 1 ½ months prior the applicant had carried the truck to Solapur. On way and near 2 the village Tembhurni, he stopped his truck and went to the road side field to answer call of nature. That time he spotted these cartridges. Admittedly no fire arm was found with the applicant. Offence under Indian Penal Code and under Motor Vehicle Act are all bailable. Charge sheet has been already submitted. This is not the case where accused was found in possession of cartridges with fire arm and had an intention to use them. It seems to be a sheer chance that he spotted these cartridges in the field, possibly left out by some poacher/hunter. Unmindful of the legal provisions, the applicant continued to possess the same. It is also a coincidence that his truck met with an accident and during search of the cabin these cartridges were found. Charge sheet has been filed in this case. In the light of the aforesaid circumstances, bail application is allowed. Accused-applicant is directed to be released on his executing PR bond in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Additional Sessions Judge , Wardha. 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.