IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2058/2009 (Jitendra Rajendrakumar Madhani.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 : 25th JUNE, 2009 Heard Shri Mirza Advocate for the applicant and Shri Mandpe APP for state. Interim order was passed on 29.5.2009. The main ground on which the interim order was passed that considering the allegations and contentions of the applicant possibility of wrong implication of the applicant could not be ruled out. Learned counsel for the applicant pointed out that F.C.I. expressed inability to give opinion as regards the wheat i.e. whether wheat is belonging to the government or Fair Price Shop. The another opinion is also filed on record which shows that the rice was not of ‘ration shop’. In the circumstances, interim order needs to be confirmed. In the event of arrest of the applicant for the offence punishable u/s 3 and 7 of the Essential Commodities Act, in crime no.3010/2009 of P.S.Hiwarkhed, he be released on bail on furnishing surety and PRB of Rs. 20000/-, subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend P.S. Hiwarkhed as and when directed by the I.O., for the purposes of investigation. It is made clear that the above observations in prima faicie view of the matter and they shall not influence the trial Judge in any way while deciding the trial; on merits. Liberty to prosecution to move for cancellation of bail if circumstances so warrant. Application stands disposed of. JUDGE smp