1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.115/2011 (Wahid Khan s/o Sabirullah Khan .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. I.S. Charlewar, Advocate for applicant, Mr. M.P. Badar, Advocate for non-applicant/State-Forest. .......... CORAM : P.D. KODE, J DATED : APRIL 28, 2011 Heard. Considering the nature of accusation levelled, for the reasons recorded in order dated 6.4.2011 an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant in respect of arrest apprehended by him in connection with P.O.R. No. 57/2825 registered on 3.3.2011 for offences under Sections 26, 41, 42 of Indian Forest Act, 1927 and Rules 66 and 129 of Bombay Forest Rule, 1942. While giving the said direction, certain direction regarding the applicant attending the RFO, Hiwarkhed on every day was given in order to ensure that investigation in the said crime is not forestalled. Notice of the said application was given to the other side and in response to the same, the reply has 2 been filed. After considering the matters stated in the reply, the nature of the accusation made against the applicant, the stage of investigation, the dimensions of the forest produce allegedly found in the possession of applicant and the statement made by the learned counsel for the applicant, of applicant having attended the RFO Hiwarkhed being not refuted by the prosecution and thus considering the case of the applicant on the basis 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, it is difficult to perceive of there being presently any need of custodial interrogation of the applicant for the purpose of completion of investigation. In view of the same, ad-interim direction given deserves to be confirmed and accordingly the same stands confirmed. Inform the R.F.O. of P.O.R. No.57/2825 of Hiwarkhed Region, Akot, District- Akola that in event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail on furnishing a P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty five thousand only) with two separate solvent sureties in the like amount and subject to the conditions that applicant : (i) shall attend said RFO in connection with the investigation of the said crime on every Monday in between 11 am and 1 pm until filing of charge sheet; (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted 3 with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE Gulande