1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2576 /2009 ((1) Smt. Sarjubai wd/o Mishrilal Rathore and four others vs. The State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. J. M. Gandhi Adv .for applicants Mrs. Wandile APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 1 st September, 2009. Heard learned counsel for the respective parties, at length. 2. The applicants are apprehending their arrest in connection with Crime No. 3080/2009 registered at Arni Police Station, Dist. Yavatmal for offence punishable under sections 420 read with section 34 of the Indian Penal Code; further read with Sections 3 and 7 of the Essential Commodities Act, Sections 5 & 7 and 19(A)(B) of the Fertilizers Control Order, 1985 as also u/s 3 of Fertilizers Movement Control Order, 1973 and further section 12, 13 (2) and Section 35 of the Fertilizers Control Order, 1985 and Section 3 of the Fertilizers Movement Control Order, 1973. 3. It appears that earlier the applicants had moved the learned Additional Sessions Judge, Darvah who, by order dated 1.7.2009 rejected the anticipatory bail, considering the objections to the bail that sub- standard fertilizers were brought in Maharashtra specifically in Yavatmal District and sold the same to the poor farmers, with an intent to cheat them; whereas such fertilizers are banned for sale and transport. The anticipatory bail is objected on the identical grounds before this Court also, including that Fertilizers were manufactured by M/s Godavari Phosphate Ltd. Badwani ( M P) and that M/s Rajatkumar Vinodkumar of Khandwa (MP) as a firm , which is named as accused of which the applicant are the partners who sold the fertilisers manufactured by M/s Godavari Phosphate Limited, Badwani (MP) which are banned for sale in 2 Maharashtra. 4. Under these circumstances, considering the nature of accusations, the Investigating agency ought to be given reasonable opportunity to investigate into these accusations by interrogating the applicants in custody, since interrogation may yield valuable material information regarding involvement of the persons in purchase, transport, distribution of the fertilizers which are allegedly banned in the State of Maharashtra. In view of the ruling in State (rep.by CBI) vs. Anil Sharma (1997) 7 SCC 187 wherein it is observed that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with favourable order u/s 438 of the Cr.P.C. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. In Abdul Hamit Ansari vs. State of Maharahstra( 2000 SCC {Cri.} 1505,the Apex Court had directed the accused to surrender before the Investigating Officer so as to enable him to interrogate all the accused and open completion of interrogation and recovery of material object, if any , the accused were directed to be released on bail, with certain conditions. 5. Taking support from the said rulings, I think the Court may fix a reasonable period of custodial interrogation of the case and then may grant benefit of bail to the accused. 6. Learned Advocate for the applicants contended that the applicant no. 1 is lady of ripe age, of about 80 years whose occupation is household and she is not concerned with the business although applicant no.2 is an active partner while applicant nos. 3 to 5 are sleeping partners. He contended the applicant nos. 2 to 5 would cooperate with the investigation. Under these circumstances considering the reasons stated above, the following order is passed:- 3 The applicant nos. 2 to 5 shall surrender before the Investigating Officer - PSI Prakash Uttamrao Lavange, Police Station Arni, Dist. Yavatmal, within seven days. The Investigating Officer shall complete their interrogation within three days from the date and time of their surrender, inclusive of recovery or discovery of any material from them. Upon expiry of three days, the applicant nos. 2 to 5 shall be released upon furnishing personal bond in the sum of Rs. 15,000/- by each of them, with one or more sureties in the like amount, to the satisfaction of the Arresting Officer; provided further that the applicants shall attend the Investigating Officer as and when required. Thereafter, they shall not tamper with the prosecution evidence in any manner and shall inform their fixed residential address/ change in the address with telephone/ cellphone number, if any, to the I.O. The applicant no.1 – Smt.Sarjubai wd/o Mishrilal Rathore, however, shall be released in the event of her arrest, upon furnishing personal bond in the sum of Rs.10,000/- with condition that she shall attend the Investigating Officer as and when required. Criminal Application stands disposed of accordingly. JUDGE. sahare