1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3116 of 2009 Pravinkumar v. The State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr P.N. Kothari, Advocate for applicant Mr D.B. Patel, APP for State Coram: A.P. Bhangale, J Dated : 2nd September 2009 1. Heard Mr P.N. Kothari, learned counsel for applicant and Mr D.B. Patel, learned APP for State. Applicant is apprehending arrest in Crime No. 225/09 registered with Police Station, Ajni, Nagpur under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that applicant is innocent and that in fact, there is no cheating at the hands of any of the accused persons. He submits that applicant is permanent resident of Nagpur and is a heart patient. He is running a stationary shop and has earned reputation in society. Learned counsel undertakes that applicant will attend investigating officer as and when required. 3. On perusal of the enclosures to the application, it is revealed that applicant was one of the seven directors and he cannot be exonerated relying on his statement that he was so-called “nominal” or “dummy” 2 director. After the Court expressed its mind to reject application, learned counsel for applicant submits that applicant will suo motu surrender to the Investigating Officer within a period of one week from today and he has no objection even if applicant’s custody is permitted for three days. However, learned counsel for applicant prays, thereafter a definite order may be made directing release of applicant on bail. 4. In view of ruling of the Apex Court in Abdul Hamit v. State of Maharashtra reported in 2000 SCC (Cri) 1505, prayer made on behalf of the applicant is accepted. Hence, the order. 5. Applicant shall surrender before the Investigating Officer within seven days from today. Investigating Officer is permitted to retain custody of applicant for the purpose of interrogation for a period of three days from the date of surrender by applicant and his arrest. Upon expiry of three days, applicant be released upon his executing PR Bond in the sum of Rs. 15,000/- with one or more sureties in the like amount to the satisfaction of arresting officer. Applicant shall attend Investigating Officer as and when required and he is directed not to tamper with prosecution evidence in any manner. Applicant shall leave his permanent address with phone/cell phone number with the Investigating Officer and intimate change, if any therein, in future. Application disposed of. Hamdast granted to applicant. Steno copy, duly authenticated, be supplied to learned Additional Public Prosecutor. Judge. hsj 3