IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1986/2009. ( Rakim Khan Karim Khan..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 : 29 th JUNE, 2009 Heard Shri Mirza, Advocate, for the applicant and Shri Sonare, APP, for respondent State. Interim order was passed by this Court on 19th May, 2009, on the basis that the other accused who were alleged to be in the victim’s company when they were last seen together, were released on bail. The only evidence that is pointed out against the applicant is that there was earlier quarrel and alleged threatening that if the deceased does not come for work in the field of the applicant, he would kill him. As the accused who have been alleged to be with the victim some time prior to death have been released on bail and no application for cancellation of that bail has been preferred by the prosecution, and as there is no further investigation to collect the evidence incriminating the applicant, the interim order needs to be confirmed. Learned APP has pointed out that the father of the deceased has received a letter of threat. It is not informed as to whether the applicant was behind that letter. In fact, the I.O should have investigated as to who has written that letter and what was the intention. Hence, in the event of arrest of the applicant for the offence under Section 302 r/w Section 34 of the I.P.C in Crime No. 67/2009 of Police Station Darwha, Distt. Yavatmal, he be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall attend the Police Station Darwha as and when directed by the I.O for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application disposed of. Liberty to the respondent to move for cancellation of this bail, if the circumstances so warrant latter. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge while deciding anything on merits. JUDGE Rvjalit