1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.129/2011 (Namdeo Bhimrao Dhok and one .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. R.A. Jaiswal, Advocate for applicants, Mr. S.B. Ahirkar, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 08, 2011 Heard. The matters stated in the first information report in clear terms does not reveal that the names of the applicants have been incorporated as the culprits on the count of first informant having seen then committing the offences alleged. On the contrary, they gave somewhat impression of the same being lodged upon suspicion due to incident happened on the same day earlier in the morning, as rightly canvassed by the learned counsel for the applicants. Having regard to the same, the applicants for time being have made out a case for granting protection. It appears accordingly after considering their case in the light of the guidelines given by the Apex Court in the case of Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691 in paragraphs 122 2 to 125. Needless to add that in the aforesaid state of affair, the need of custodial interrogation of the applicants can be determined only after the perusal of papers of investigation. The order passed by the Court of Session is also wholly silent about the relevant aspect. Inform the Investigating Officer of Crime No. 69/2011 of Nandanwan Police Station, Nagpur that in the event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail up-till 19.4.2011 upon each of them furnishing a P.R. Bond in a sum of Rs.50,000/- (Rs. Fifty thousand only) with two separate solvent sureties each in the like amount and subject to the conditions that applicants : (i) shall attend the Investigating Officer of said Police Station in connection with the investigation of the said crime on every day in between 11 am and 2 pm; (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. Issue notice to the non-applicant, returnable on 19.4.2011. 3 Mr. S.B. Ahirkar, learned APP appears on behalf of the non-applicant by waiving notice. The steno copy of this order, duly authenticated by the Personal Assistant, be supplied to the learned counsel for the applicants to act upon. Criminal Application (APPP) No.358/2011 Heard. For the reasons mentioned in the application, the same is allowed. JUDGE Gulande