1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 1977/2010 (Pramod s/o Devidas Wankhede, Sunil s/o Mahadeo Adhau and Varsha w/o Sunil Adhau .vs. State of Maharashtra through PSO, P.S. Civil Lines, Akola) ------------------------------------------------------------------------------------------------- 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 Applicants. Mr. J.B. Jaiswal, APP for Respondent .......... CORAM : P.D. KODE, J. DATED : JANUARY 27, 2011 Heard. The perusal of the diary shown by the learned APP supports the submissions of the learned counsel for the applicants that no dying declaration seems to have made to the persons who claimed to have extinguished the fire caught by the deceased and the first dying declaration does not reveal the place at which the deceased was set on fire or the source from which the kerosene was poured. The learned APP was also not able to pinpoint any specific circumstance corroborating the matters in the dying declaration regarding the role played by the applicants and particularly the applicant no.1 who is said to be the main assailant. Thus considering character of prosecution evidence , the ad- interim protection granted deserves to be continued in 2 the light of the law laid down by the Apex Court in Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691. Similarly considering the case of applicant in light of paragraphs 122 to 125 of said decision, hardly there seems to be any necessity of presence of the applicants being required for custodial interrogation for a crime which had occurred about three months back. Having regard to same and applicant having complied conditions imposed while granting ad-interim protection also militates against discontinuing the protection. Hence the order: Inform the Investigating Officer of Crime No. 374/2010 of Police Station Civil Lines, Akola that in the event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.50,000/- by applicant no.1 and Rs.25,000/- each by applicants no.2 and 3 with one surety each in like amount and subject to the conditions that (i) applicant no.1 shall attend said Police Station in connection with the investigation of the said crime every day until filing of the charge sheet and applicants no.2 and 3 shall attend every Monday until filing of charge sheet and as and when called by the I.O.; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the 3 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. Application stands disposed of. In view of disposal of Criminal Application No. 1977/2010, Criminal Application (APPP) No. 1201/2010 also stands disposed of. JUDGE halwai