IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2060/2009 [ Sheikh Habib Sheikh Ramkzan..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 : 30th JUNE, 2009 Head Shri Mirza, Advocate for the applicant and Shri Mandpe APP for state. This is an application under section 438 of Cr.P.C.for grant of anticiaptory bail. Applicant is apprehending arrest for the offence under section 379 in Crime No.58/2009 for allegedly cutting three Babhul Trees which were not allotted to him under contract for cutting other 22 trees. Interim order was passed by this court on 9.6.2009. Reply of the respondent shows that the allegation against the present applicant is that the present applicant had cut three Babhul trees valued of rs. 7200/- which were not allotted to him under the contract of cutting Babhul Trees [22 trees]. It is the case of the applicant that he has not cut those 22 trees so far, which were allotted to him under the contract. Learned APP states the cut Babhul Trees are to be recovered from the applicant and therefore, the custody is necessary. Considering the value of the trees to be of Rs.7200/-, the custodial interrogation does not seem to be necessary, more so, because he has not cut the allotted trees. In these circumstances, interim order is confirmed. In the event of the arrest of the applicant, for the offences punishable u/s379 of the I.P.C., in crime no. 58/2009, of P.S. Mahagaon, Dist. Yavatmal, he be released on bail on furnishing surety and P.R.B. Of Rs.10,000/- subject t conditions that he shall report at P.S. Mahagaon as and when directed by the I.O., for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. This order shall be subject to one more condition that the applicant shall deposit the cost of the cut three trees, as may be determined by the complainant, with P.W.D., i.e. complainant under intimation to this court. Application stands disposed of. JUDGE smp.