1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.37/2011 (Arun Mahadeorao Sawake .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. K.V. Deshmukh, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 21, 2011 The reply filed by the prosecution is taken on record. Heard. For the detailed reasons recorded in the order dated 9.2.2011 an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant in connection with arrest apprehended by him in connection with Crime No.5/2011 registered on 6.1.2011 with Police Station, Mangrulpir for offence under Sections 307, 498-A, 323, 506 r/w 34 of IPC. While giving the said directions certain conditions were imposed to ensure that the investigation said to be in progress, is not hampered due to giving of said directions. The reasoning given in the said order in terms reveals that after considering the peculiar 2 circumstances relevant to crime allegedly committed, personal presence of the applicant for custodial interrogation was found to be unnecessary for completion of the said investigation. The learned APP was not able to refute the submission made by the learned counsel for the applicant that applicant had abided the conditions imposed vide order dated 9.2.2011. Similarly considering the matters stated in the reply tendered by the learned APP, the same also does not reveal any worthwhile reason for cancelling ad-interim direction given. Having regard to the same, the same deserves to be confirmed and hereby stands confirmed on same terms and conditions with the modification that now the applicant shall attend the concerned Police Station on every Monday between 11 am and 2 pm until filing of the charge-sheet and so also on any other day if summoned by the investigating officer for the purposes of investigation. The rest of the conditions imposed earlier stands unmodified. The application stands disposed of. JUDGE Gulande