mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 636 of 2008 i) Babasaheb Ramchandra Shende ii) Sharad Shriram Gore iii) Jalinder Pandurang Maghade iv) Ramhari @ Ramakant Arjun Padule versus State of Maharashtra .. Respondent ... Mr.Shekhar A. Ingawale for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 7th March 2008 P.C.: 1. Heard. 2. By this application, the applicants seek pre-arrest bail in connection with Crime No.28 of 2008 registered with Baramati City police station for the alleged offence punishable u/s.336, 337, 338, 304 r/w section 34 of the IPC. 3. The prosecution case in short is that the applicants are the directors of Nira Valley Grape Wines Pvt.Ltd (for short "the Company"). The company had entrusted certain work of fabrication and erection to a contractor who had employed certain labourers. According to the prosecution, some liquid which was leaking from the pipes carrying it was being collected in a bucket. Believing that the liquid must be an alcoholic beverage, the company being manufacturer of wine, the workers of the contractor stole the liquid and drank it. The liquid fortunately was not the wine but was a coolant used for the cooling system. Few workmen who consumed the stolen coolant died in a hospital. The applicants are therefore charged with an offence as mentioned above. 4. In my view, the applicants had not permitted the workers to drink the liquid. In fact, the workers had stolen it. Whether the applicants would be liable in torts for negligence even against the persons who themselves were the thieves and would be civilly liable is an entirely different question. Prima facie the victims themselves being the thieves and having voluntarily consumed the stolen liquid, it is doubtful whether the applicants are liable for any offence. In any event, in my view, it is not necessary to arrest the applicants for the purpose of custodial investigation. Hence, I pass the following order :- O R D E R . In the event the applicants or any of them are arrested, each of them shall be released on bail on personal bond of Rs.25,000/- together with two sureties of like amount subject to the following conditions:- i) The applicants shall co-operate with the investigation and shall attend the concerned police station once a week between 11 am 1.00 p.m. on every Monday for a period of 12 weeks and shall also attend the police station as and when specifically summoned for investigation/interrogation. ii) The applicants shall not in any way make any inducement or threats to any of the victims or their relatives or any of the prosecution witnesses nor tamper with the prosecution evidence. . This order shall come to an end after the charge sheet is filed whereupon the applicants may, if they so desire, apply to the court for regular bail. If such an application is made, the Court shall consider it on its own merits without being in any way influenced by any of the observations made herein. Sd/- (D.G. KARNIK, J)