..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1908 OF 2008 1. Mr.Baban Bhagwan Padwal, & 2. Mr.Krushna Genba Padwal. ..Applicants. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.K.S.Patil, Adv. for the applicants. Mr.H.J.Dedia, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 16th July, 2008. DATED : 16th July, 2008. DATED : 16th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. 2. The applicants are seeking bail in C.R.No.63 of 2008 of Bhor Police Station, District : Pune. The said case is under Sections 280, 282 and 304 of IPC. 3. Mr.Patil states that he is pressing this application for bail in respect of applicant No.2 only, and as far as applicant no.1 is concerned he seeks liberty to file a fresh application for bail before the Sessions Court after the charge-sheet ..(2).. is filed. Liberty as prayed for is granted in respect of applicant no.1. Hence this application is being considered only in respect of applicant no.2 Mr.Krushna Genba Padwal. 4. It is the prosecution case that applicant no.2 Mr.Krushna Genba Padwal is the owner of boat. He gave the said boat to applicant no.1 to ply. The prosecution case is that the boat was meant for 10-12 passengers. However, applicant No.1 took 31 passengers in the boat. To ferry the 31 passengers, the applicant accepted some amount as fare. The said boat capsized and some of the persons in the boat drowned. 5. Mr.Patil submitted that the boat capsized on account of bad weather. However, the learned APP stated that though the boat was meant for only about 12 persons, applicant No.1 ferried 31 passengers in the said boat for remuneration. He submitted that only because the boat was severely overloaded, it capsized on account of bad weather. There is no material to show that applicant No.2 was aware that applicant no.1 would be taking in such a large number of persons in the ferry. ..(3).. There is nothing to show that applicant no.2 had any knowledge about this fact. Looking to this fact, I am inclined to applicant No.2. 6. Applicant No.2 - Mr.Krushna Genba Padwal to be released on bail in the sum of Rs.50,000/- with one or two sureties to make up the said amount. The applicant shall report to Bhor Police Station, Pune once in a month, till conclusion of the trial. 7. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)