1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 208 OF 2009 IN CRIMINAL APPEAL No.183 of 2009. Vilas Baliram Sarkate.. Applicant.Appellant vs. The State of Maharashtra ..Respondent. Mr Rakesh Kumar Singh for the Applicant – original accused. Mr D.P. Adsule, A.P.P.for the State. CORAM: A.R.JOSHI,J. DATE : 06TH MAY,2009. P.C.:- 1. Heard rival submissions for some time. 2. Perused application for the bail. The appeal is already admitted. 3. The applicant – accused is convicted for the offence punishable under Section 304 of the I.P.C., and sentenced to suffer R.I.,for ten years and fine of Rs. 2,000/-. Reportedly, the fine amount is already deposited. The incident in which the deceased was killed due to the injuries 2 while working at the excavation work, occurred on 10.2.2008. Allegedly, there was some hot exchange of words between the accused, a poklan machine operator, and the deceased who was a driver of the dumper and after such initial quarrel accused started his work on the poklan machine and in the process accused put up the bucket filled with soil on the chest of the deceased and tried to crush him. After such incident, the accused got down from the poklan machine. The injured was shifted to the hospital. Both, the accused and the deceased, were employees of such excavation site. 4. Initially, the accused was charged for the offence punishable under Section 302 of the I.P.C. Reportedly, five witnesses came to be examined, out of whom one was spot panch and another was a doctor who performed the post mortem, two were the eye witnesses and last witness was the Investigating Officer. 5. Considering alteration of charge from Section 302 to 304 of the I.P.C., by the Trial Court and considering the incident occurred while accused and the deceased were doing the work at the excavation site, in the opinion of this Court, in this matter the applicant accused can be released on bail during the pendency of the appeal on certain conditions in order to secure his presence at the time of hearing of the appeal. 6. In the result, the applicant-accused shall be released on 3 bail on his executing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount. Bail before the Sessions Court Alibag (Raigad). 7. After availing the bail, the applicant- accused shall attend local Police station where the applicant ordinarily resides at Matoda, District Buldhana once in a month on every 1st day of the month between 10.00 to 12.00 noon till disposal of the appeal. 8. Application is disposed of. A.R.JOSHI,J.