Bombay High Court
Bhushan Ravindra Saindane vs The State Of Maharashtra on 3 October, 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 BAIL APPLICATION NO. 1174 OF 2018
Bhushan Ravindra Saindane,
Age : 31 years, Occu.: Service,
R/o.: Hingone, Tq. Dharangaon,
District : Jalgaon .. Applicant
Vs.
The State of Maharashtra .. Respondent
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Mr. G. V. Wani, Advocate for applicant
Ms. A. S. Shinde, APP for respondent
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CORAM : SANGITRAO S. PATIL, J.
DATE : OCTOBER 03, 2018 PER COURT The applicant has prayed for bail in connection with Crime No. 125 of 2018 registered in Police Station, Taloda, District : Nandurbar for the offence punishable under Section 304 read with Section 34 of the Indian Penal Code ("IPC" for short).
2. The deceased Sachin, aged 12 years was studying in 6th standard in Government Ashram School at Salsadi, Taluka : Taloda. He died due to electrocution on 27 th ::: Uploaded on - 03/10/2018 ::: Downloaded on - 04/10/2018 02:44:27 ::: 2 18 ba1174-18 August, 2018 at about 8.30 a.m. when he had gone to switch on the electric pump set for taking bath. The father of the deceased Sachin lodged the FIR, on the basis of which, the above-numbered crime came to be registered. The applicant, who is the Office Superintendent and one Vilas Purushottam Sonawane, the Headmaster of the Ashram School, came to be arrested in connection with the present crime.
3. The learned counsel for the applicant submits that the applicant was the Office Superintendent. The deceased Sachin was staying in the hostel of the Ashram School. It was being look after by the Superintendent of the Ashram School. The applicant was supposed to take care of the school business only. He has been wrongly connected with the above-numbered crime. He submits that the applicant is a serviceman. The applicant is ready to abide by the conditions that may be imposed by the Court in case the applicant is released on bail. He, therefore, prays that the applicant may be granted the relief of bail.
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4. The learned A.P.P. strongly opposed the application. He submits that it was the duty of the applicant to take the care of inmates of the hostel of the Ashram School. The spot panchanama shows that illegal supply of electricity was being taken by the Ashram School for running the electric pump set. The applicant is responsible for the death of the deceased Sachin. Charge-sheet has not yet been filed. He, therefore, prays that the applicant may be rejected.
5. There is no dispute that the applicant is serving as an Office Superintendent and not as a Superintendent of the Hostel. The incident took place at about 8.00 a.m. when the deceased Sachin had gone to start the electric pump set for having bath. As such at the relevant time, he was in the custody of the Superintendent of the Hostel of the Ashram School.Prima facie, the applicant cannot be connected with the activities of the students residing in the hostel of the Ashram School. The incident took place beyond the office hours. The applicant is ::: Uploaded on - 03/10/2018 ::: Downloaded on - 04/10/2018 02:44:27 ::: 4 18 ba1174-18 behind the bars since 28th August, 2018. He is a serviceman. His presence can be secured for the purpose of trial. In the circumstances, I think fit to extend the relief of bail to the applicant with certain conditions.
6. It is made clear that the above observations are prima facie in nature and shall not influence any other proceedings arising out of the above-numbered crime.
7. In the result, I pass the following order:
(A) The application is allowed.
(B) The applicant shall be released on his
executing bail bonds in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand) with a solvent surety in the like amount, on the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence in any manner.
(ii) The applicant shall not indulge in any criminal activity.::: Uploaded on - 03/10/2018 ::: Downloaded on - 04/10/2018 02:44:27 :::
5 18 ba1174-18 (C) Bail bonds shall be furnished before the Remand / Committal Court.
(D) The application is accordingly disposed of [SANGITRAO S. PATIL, J.] vsm/ ::: Uploaded on - 03/10/2018 ::: Downloaded on - 04/10/2018 02:44:27 :::