1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1993/2009 (Sanjiv Ashok Jaiswal & another .vs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 24th JUNE, 2009 Heard Shri Mardikar advocate for the applicant and Shri Mandpe APP for the state. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail. The applicants are apprehending their arrest for the offences under section 147, 148, 149, 448, 452, 427, 323, 294, 506, 326 of IPC in crime no.82/2009 of P.S. Butibori. Interim relief was granted on 19.5.2009 by this court. It is stated by the learned counsel for the applicants that the applicants are attending the police station and they are cooperating with the investigation. It is the case of the applicants that at the time of relevant offence, they were at their office. Applicants have produced the photographs on record which depict the time and date of that photograph. According to applicants these photographs are taken by 2 C.C.T.V.Camera in their office. He refers the date and time of taking photographs. Learned APP has however, opposed the application saying that two persons – watchmen were injured in the offence and their statements implicate the applicants. In view of the fact that the applicants have produced the photographs mentioning date and time on which they were in the office, by the statements of witnesses, possibility of false implication cannot be overruled. In this view of the matter, interim order needs to be confirmed with liberty to prosecution to move for cancellation of bail, if these photographs are found to be manipulated. In the event of their arrest for the offences under section 147, 148, 149, 448, 452, 427, 323, 294, 506, 326 of IPC in crime no. 82/2009 of P.S. Butibori, each of the applicants be released on bail, on furnishing surety and PRB of Rs.25,000/- with subject to condition that they shall report P.S. Butibori, Nagpur (Rural) as and when directed by the I.O.,for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. JUDGE SMP