CNR
MHNS010039932022
Order below Exh.1 in Cri. Bail Application No.953/2022.
[ Sahebrao Chima Kapse and anr. Vs. State ]
This bail application is moved by the applicants­accused
No.1 Sahebrao Chima Kapase and No.2 Sunil Sahebrao Kapase for
releasing them on bail under section 439 of Cr.P.C., in connection
with CR No.119/2022 registered with Wani Police Station, Tal.
Dindori for the offence U/sec. 304(A), 304(ii), 279, 336, 337, 338,
427 of Indian Penal Code and under section 184, 130, 177, 190, 192,
194, 66(1)/196 of the Motor Vehicle Act, 1989, registered on
3.6.2022.

Applicant­accused No.1 was arrested on 7.6.2022 and
Applicant­accused No.2 was arrested on 18.6.2022 and were
produced before the Court and remanded to Magisterial custody
8.6.2022 and 19.6.2022 respectively and since then they are in jail.
This is first bail application after filing of charge­sheet.
2.

It is stated in the application that, on 2.6.2022 the alleged
accident took place at Mulane Bari, Babapur shivar, on Babapur to
Kalwan road. It is alleged that, applicants­accused have knowledge
that the road is not sufficient to drove the heavy vehicle by carrying
the labour and even if the driver had travelled the labour in the said
tractor trolley by that road and thereby accident took place and
labours have sustained grievous injured and some of the labour died,
as well as trolley was collided on one Alto car and caused damage to
it. Applicants­accused submitted that they have not committed any
offence and only the labours are working with them, he has been
falsely implicated in the present crime. They are doing the business in
legal manner and taking care of labour. The first bail application
No.810/2022 of Sahebrao was rejected by this Court on 4.7.2022 and
..2..

Bail Application No.733/2022 of Sunil was rejected on 21.6.2022.
Applicants­accused are ready to abide all conditions laid down by this
court. Investigation is completed and now the charge­sheet is filed in
the lower Court bearing RCC N.153/2022. Therefore, no purpose
would be served by keeping the applicants­accused behind the bar.
Hence, prayed to grant bail on the grounds set­out in the application.
3.

Application is opposed by the State by filing say/report
Exh.5 and submitted that, offence is serious, applicants­accused are
responsible for the alleged accident. They have not taken the care of
the labour and travel the labour illegally in the tractor trolley. The
applicants­accused are present on the spot as per CDR report.
Hence, prayed to reject the application.
4.

The learned counsel Shri. R.D. Avhad submitted that
applicants­accused have been implicated falsely. There is no
negligence on their part. The offence under section 304 part II of IPC
is not made out against the present applicants­accused. He submitted
that investigation of the crime is over and charge­sheet is filed in the
lower court. The applicants­accused are ready to abide the conditions
laid down by this court. Hence, prayed to allow the application.
5.

On perusal of the record, it appears that the accident took
place on 2.6.2022 while carrying the labour with tractor trolley. The 7
labours were died in the said accident and other labours were
sustained grievous injuries, who were hospitalized. The investigating
papers further discloses that there was dispute between the labours
and the applicants­accused regarding payment of wages and the
labours had taken stand to leave the work and returned to their native
place in Jalgaon District and therefore, they requested to these
applicants­accused to make arrangement of Eicher Tempo, however,
Cri. Bail Application No.953/2022 .
..3..

the applicants­accused had made arrangement of tractor and trolley
which was protested by the labours as the number of labours and their
family members in large number and they have to travel alongwith
their
luggage
and
therefore,
the
applicants­accused
further
arrangement another trolley and compelled them to travel in those
trolleys. Subsequently, unfortunate incident had occurred on a hilly
road.
The Hon’ble Bombay High Court while considering the bail
application in respect of the offence punishable under section 304(ii)
of IPC in Shahabuddin @ Sunny Sarfuddin Vs State of Maharashtra
2018(5) RCR (Cri) 184, has held that,
“Section 304 does not create an offence, but provides for
punishment for culpable homicide not amounting to murder. If
the death is caused and case is covered by any of the five
exception of section 300, then such culpable homicide is not
amounting to murder. If the act is done with the knowledge
that it is likely to cause death, but without any intention to
cause death, or to cause such bodily injury as is likely to cause
death, the case would be covered by section 304(ii) of IPC.
Before a charge under section 304(ii) can be invoke the
material must at least prima faice show that, the accused is
guilty of culpable homicide and act allegedly committed by him
must indicate that the accused had done an act which had
caused death with at least such knowledge that he was by such
act likely to cause death”.
6.

The applicants­accused are in jail since 7.6.2022 and
18.6.2022. The learned counsel for applicants­accused submitted that
there is no criminal antecedent against the applicants­accused. The
fact is not disputed by the prosecution.
7.

Considering the aforesaid circumstances, I am inclined to
allow the application for bail. Hence, following order.

..4..

ORDER
1.

Application is allowed.

2.

Applicants­accused No.1. Sahebrao Chima Kapase and No.2
Sunil Sahebrao Kapase, in connection with CR No.119/2022
registered with Wani Police Station, Tal. Dindori for the
offence U/sec. 304(A), 304(ii), 279, 336, 337,338,427 of
Indian Penal Code and under section 184, 130, 177, 190,
192, 194, 66(1)/196 of the Motor Vehicle Act, 1989 , be
released on bail on executing bond of Rs.30,000/­ each with
one or two surety in like amount.
3.

They shall not abscond or tamper with the witnesses.

4.

They shall furnish their address proof aadhar card of their two
near relatives alongwith mobile numbers.

5.

They shall attend the lower court on fixed date.

6.

In the event of breach of any of the conditions, their bail
bonds shall be liable to be cancelled.

7.

Bail in lower Court.

Date­06.08.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.08.06
18:07:11 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.