1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1450 OF 2010 1 Mr.Aspren F. Dias ) 2 Mr.Eltan F. Dias )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mrs. Seema Gupta i/by Ashok M. Saraogi for the applicants. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 13th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.65/2009 registered by Nagothane police station, Dist Raigad for alleged offences under Sections 304, 201 read with 34 of IPC, under Sections 30 & 36(1) of the Arms Act and under Sections 9 and 51 of the Wild Life Protection Rules, 1972. In so far as offence under Section 304 is concerned, case of the prosecution is that deceased Narayan was an experienced person in hunting. Accused no.4 who was owner of the licensed gun was part of the hunting party and he fired on a wild boar. In order to ascertain whether he had killed the animal, he got down from the jeep leaving his gun behind the deceased. While gun was being handled by the deceased it fired its second bore killing Narayan. 2 I had already granted bail to other co-accused including the owner of the gun. In my view, at the highest offence may be under section part-2 of Section 304 of IPC. That offence is not punishable with life imprisonment. In so far as present applicants are 2 concerned, they were merely sitting in the jeep. In the aforesaid circumstances, I am inclined to grant bail. It is therefore, directed that pending the disposal of their trial in connection with C.R.No.65 of 2009 registered by the Nagothane police station, the applicants may be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer as and when called by him in writing to do so and they will also remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3