1 Cri.A.5335.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5335 OF 2011 Anil S/o Sheshrao Jadhav Age : 45 Years, Occup.: Agriculture R/o Shirol Tq. Nilanga,District Latur. ...APPLICANT. VERSUS The State of Maharashtra ...RESPONDENT. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav,Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 21.12.2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicant is arrested in Crime No. 127 of 2011, registered with Nilanga Police Station, District Latur. FIR is filed by one Vaijnath Ture. With the assistance of learned Advocates on both sides, I have perused the charge-sheet. In the course of occurrence one person by name 2 Cri.A.5335.11 Sambhaji has expired. He got electrocuted and has died. Final cause of death is cardiorispatory arrest due to electrical shock. 3. On perusal of the papers, it is noticed that certain job of installation of electric line was to be done by proprietor of M/s Sham Electrical stores. It appears that present applicant secured said job in the nature of sub-contractor and he did not take concerned lineman in confidence so as to put off electricity supply and in the process of carrying of the work Sambhaji died, as mentioned above. 4. The police have applied provisions of section 304 read with section 34 of the Indian Penal Code. Looking to the police papers, it is apparent that the present applicant exhibited negligence in as much as he should have taken concerned staff of the Electricity Department in confidence before commencing the work. On reading of the papers one would not be able to say with certainty that the 3 Cri.A.5335.11 death of Sambhaji was matter of certainty. It is not as if that present applicant was only person concerning with work. There were many more persons who were concerned with implementation of the said work. Hence, it would be difficult to accept the stand of the respondent-State that prima facie case for charge under section 304 of the Indian Penal Code was made out. At the stage of hearing of this bail application benefit of doubt can be given to the present applicant, so far as said charge. It is possible to argue that the case may fall under sections 304A of the Indian Penal Code. Said offence is bailable. 5. For the aforesaid reasons, further detention of the present applicant is not necessary. He can be put to terms as regards attendance. Hence, following order is passed. (i) Application for bail is granted. 4 Cri.A.5335.11 (ii) The applicant be released on bail Crime No. 127 of 2011, registered with Nilanga Police Station, District Latur, in the sum of Rs. 20,000/-(Rupees Twenty Thousand ) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs. 20,000/-(Rupees Twenty Thousand ). (ii) The applicant shall report to the concerned Police Station on every Tuesday and Friday between 04.00 p.m. to 9.00 p.m. till filing of the charge-sheet. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK