IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3905 OF 2008 CRI.APPLICATION NO.3905 OF 2008 CRI.APPLICATION NO.3905 OF 2008 Shri Baban Bhagwan Padwal, .. Applicant Vs The State of Maharashtra, Respondent. Mr V.G.Peshave, for the applicant. Ms.A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 01/12/2008 DATE : 01/12/2008 DATE : 01/12/2008 PC: PC: PC: 1. Heard Mr.Peshave, learned counsel for the applicant and Mr.Jhaveri, learned APP, for the State. 2. The applicant is seeking bail in Sessions Case No.462 of 2008. The said case is pending against the applicant for the offence punishable under sections 280,282,304 read with 34 of IPC. 3. It is the prosecution case that the applicant was carrying passengers in a boat more than its capacity and as a result thereof the alleged incident occurred, in which 22 persons lost their lives. The report of the Deputy Executive Engineer is on record, which shows that the boat had overlived its life and it was not maintained properly apart from the fact that at the relevant time it was overloaded by the applicant. The capacity of the boat was only 10 persons whereas at the relevant time the applicant was carrying 31 passengers. Mr.Peshave, learned counsel for the applicant, submitted that it was an accident and the provisions of section 304-A, at the most, would be attracted and not the provisions of section 304 of IPC. It is not possible to appreciate the submission advanced by the learned counsel for the applicant at this stage. Having considered overall facts and circumstances of the case, the application is rejected. Trial is expedited. . While rejecting the application, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)