IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1413/2009 [Prakash Rahangadale ..vs. State of Mah.] - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 30 th April, 2009 Heard Shri Jibhkate, advocate for the applicant and Shri Mandpe APP for state. This is an application under section 438of Cr.P.C for anticipatory bail. Interim order was passed on 9.4.2009. The question is whether that order should be confirmed. Learned APP has contended that there are two eye witnesses to the incident. It is also submitted that there was earlier incident of quarrel and threatening between complainant and the applicant. On that ground he had set fire to the cattle shed of the complainant. Statement of Narendra Choudhary is perused. According to him he had seen the applicant going from the front side of his house and running away to backside. This statement appears to be dated 3.4.2009. Yet another statement is pressed in to service is that of Saheblal Rahangadale dated 20.4.2009. The evidence that is collected against the applicant appears to be of the quarrel and threatening of some consequences to the complainant on earlier date and on next date noticing of the applicant by these witnesses while running immediately after the incident. It does appear that the applicant and the complainant are from same village,cattle shed is in the village. It is not that the cattle shed was at some place where there was no possibility of the applicant being noticed . Possibility of the case against the applicant on suspicion cannot be overruled. As such interim order needs to be confirmed. In the event of arrest of the applicant for the offence punishable under section 436 of the IPC, in Crime No.76/2009 of Police Station Tirora, District Gondia, he be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report at Police Station, Tirora, as and when directed by the I.O., for the purpose of investigation and shall not directly or indirectly tamper with the prosecution evidence. Observations made are in prima facie view of the matter and same shall not, in any way, influence the learned trial Judge while deciding the matter on merits. Application stands disposed of. JUDGE SMP