1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 53/2011 ( Rev. John Peter s/o Alfred Nelson .vs. State of Mah. through PSO PS Ramdaspeth, Akola. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.A. Naik, Advocate for Applicant. Mr. S.S. Doifode, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 19, 2011 Heard. For the reasons recorded in order dated 22.2.2011, an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant with regard to arrest apprehended by him in connection with Crime No. 224/2010 for offence under Sections 420 and 406 of IPC. While giving the said direction, certain conditions were imposed to ensure that the investigation in the said crime is not hampered and/or forestalled. The notice of the said application was served upon the prosecution and in response to the same, the prosecution has filed the say. After carefully considering the matters stated in the said say, it is difficult to perceive of there being any need of custodial interrogation of the applicant. Needless to add that the 2 learned APP has also not refuted the statement made by the learned counsel for the applicant of the applicant having abided the conditions imposed while issuing the ad-interim direction. Having regard to the same and having regard to the observations made while issuing ad-interim direction that prima facie the transaction appears to be that of civil nature, the ad-interim direction given deserves to be confirmed. It is significant to note that the prosecution say is blissfully silent regarding grievance, if any, made by Mission regarding amount being deposited by the applicant initially in his account which he is said to have subsequently refunded/returned. It can be further added that no particular circumstance was pin-pointed denoting the need of custodial interrogation of the applicant. Having regard to the same, ad-interim direction given on 22.2.2011 is hereby confirmed on the same terms and conditions except modification of the applicant now attending the I.O. as and when summoned by him for the purposes of investigation. Rest of the conditions imposed by the original order stand unmodified. The application stands disposed of. Nothing in this order should be construed as an opinion expressed regarding merits of the matter. JUDGE halwai