1 (Crim appln 328 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 328 OF 2010 IN CRIMINAL REVISION APPLICATION NO.467 OF 2010 Prakash V. Dahale ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Sanjeev P. Kadam for Applicant Mr.A.S. Shitole -APP for the State. ----- CORAM: V.M. KANADE J. DATED: 12TH OCTOBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant. 2. The Applicant has been convicted for the offence punishable under sections 279, 338, 304A of the Indian Penal Code r/w. section 184 of the Motor Vehicles Act and he was sentenced to suffer S.I. for three months and to pay fine of Rs.1,000/- and in default to suffer further S.I. for 15 days. 3. The learned counsel for the Applicant submitted that the Applicant is the S.T. driver and on 2 (Crim appln 328 of 2010) 19.9.1999 when he was driving his S.T. bus and going towards Ahmednagar from Pune, his S.T. Bus crashed with scooter which came from the opposite direction. According to the learned counsel for the Applicant, the Applicant immediately went to the police station and informed the Investigating Officer that the third vehicle was also involved in the said accident which was a truck, carrying sand and according to the Applicant, the said truck had given a dash to the scooter. It is submitted that the scooter was found at the distance of about 200 ft. on the opposite side of the road. It is submitted that this fact has not been considered by both the Courts below. 4. Taking into consideration the sentence awarded by the Trial Court and confirmed by the Sessions Court and since the Applicant was on bail during the trial, in my view, the Applicant deserves to be released on bail. 5. The Applicant shall be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. Application for bail is disposed of. (V.M. KANADE J.)