1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO. 1/2011 ( Sukhdeorao s/o Marotrao Rawale and Vilas Sukhdeorao Rawale .vs. State of Maharashtra through PSO PS Chandur Bazar ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. A.S. Sonare, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 11, 2011 Heard. For the detail reasons recorded in the order dated 14.1.2011, the ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicants in connection with the arrest apprehended by them in Crime No. 228/2010 of Police Station Chandur Bazar for offence under Sections 307, 302 r/w 34 of IPC. While giving the said direction, certain conditions were imposed to see that the progress of the investigation in the said crime is not hampered. Notice of the said application was served upon the prosecution and in response to the same the learned APP has filed the reply. After hearing both the sides and considering the matters stated in the reply and the submissions of the learned APP there hardly appears any just reason for 2 varying/modifying and or cancelling the ad-interim direction given. Such a conclusion is inevitable as the prosecution is not able to point out any material other than the dying declaration recorded by Police Officer for corroborating the matters in the said dying declaration regarding the presence of the applicants at the time of the commission of offence in the said house. Needless to add that the reply also does not reveal that the applicants have not abided the conditions imposed while passing the ad-interim direction. Having regard to the same and the applicants being father-in-law and brother-in-law and considering the case of the applicants in the light of the guidelines given by the Apex Court in Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691 in paragraphs 122 to 125, the ad- interim direction given on January 14, 2011 deserves to be and accordingly is confirmed on same terms and conditions except the modification that now the applicants shall attend the Investigating Officer on every Monday in between 11 and 12 noon until filing of the charge sheet. In addition to the same, the applicant shall also attend the Investigating Officer until filing of the charge sheet in the event of themselves being summoned for the purposes of investigation. Rest of conditions imposed while giving ad-interim direction stand unmodified. The application stands disposed of. JUDGE halwai