1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.49/2011 (Dilip Amarsingh Chavhan .vs. State of Mah. Through PSO PS Patur, Dist. Akola. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. K.S. Malokar, Advocate for Applicant. Mr. A.S. Sonare, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 25, 2011 Heard. For the detail reasons recorded in the order dated 14.2.2011, an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant in connection with Crime No. 6004/2011 registered with Police Station Patur for offence under Section 65(d) of the Bombay Prohibition Act. While giving the said direction, certain conditions were imposed to see that the same does not affect the investigation in the crime. The learned APP has informed that in spite of communication sent, the investigating officer has not bothered to see him. Such conduct of the investigating officer is indicative of the fact that the investigating agency is not interested in contesting the prayer for anticipatory bail made by the 2 applicant. Apart from the same, the FIR does not reveal any other material other than the contraband liquor being found at the time of the raid. Having regard to the same, the prayer in the application will deserve consideration. Needless to add that the ad-interim direction will be required to be confirmed for limited period with liberty to the prosecution to move for cancellation of the same in the event of the circumstances necessitating custodial interrogation of the applicant during the course of the investigation. The ad-interim direction given on 14.2.2011 is hereby extended up-till 31.3.2011 on same terms and conditions with the modification that now the applicant shall attend the investigating officer on every Monday in between 11 and 2 p.m. Rest of the conditions imposed by the said order stand unmodified. Liberty to the applicant to apply for extension of the said order. Liberty to the prosecution to apply for modification of the direction in accordance with the law in the event of the custodial interrogation of the applicant being found necessary for the purposes of ongoing investigation. Application stands disposed of. JUDGE halwai