[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2067 OF 2008 Rafiq Mohammed Quareshi ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Amin Solkar Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 23, 2008 DATE : JULY 23, 2008 DATE : JULY 23, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant, the learned A.P.P. for the State and Mr.Zahid Abdul Khalik Munshi,Mr.Salman Merchant S/o Abdul Aziz, Mr.Mohd.Rafique Ibrahim Koradia, Mr.Mohd. Halim Rahamatulla and Mr.Mohamed Suleman Rindani who are in present in Court in person. 2. The applicant is seeking bail in CR No.45 of 2008 of Oshiwara Police Station, Mumbai. The said case is mainly under Sections 304-A, 337 and 338 of IPC. 3. The applicant was driver by profession. The [-2-] case of the prosecution is that the applicant was running Maruti Van for carrying K.G. students from their homes to the school and back. On the day of the incident, when the students were returning home by the said Van, all of a sudden there was fire in the Van which ended lives of five children. Some other children have received injuries in the incident. 4. It is seen that as soon as the Van caught fire, the applicant tried to rescue the children in the Van and he succeeded in rescuing some of the children. In the process of rescuing the children, the applicant sustained injuries to his hands and face. Mr.Zahid Abdul Khalik Munshi,Mr.Salman Merchant S/o Abdul Aziz, Mr.Mohd.Rafique Ibrahim Koradia, Mr.Mohd. Halim Rahamatulla and Mr.Mohamed Suleman Rindani are the parents of the five children who lost their lives in the incident. All of them have stated that they do not blame any one in the incident and they have no complaints or any grievance against the present applicant. They have further stated that they have no objection to the present applicant being granted bail. They have also filed affidavits to the above effect. The [-3-] said affidavits are taken on record and marked as X-1 to X-5 for identification. In view of the above facts, I am inclined to grant bail to the applicant. 5. The applicant-Rafiq Fakir Mohammed Qureshi to be released on bail in the sum of Rs.50,000/- (Rs.fifty thousand only) with one or two sureties to make up the said amount. The applicant to report to Oshiwara police station, Mumbai once in a month till the conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]