1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.67/2011 (Mohd. Rafique @ Mujeeb Haji Abdul Majid .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. J.A. Anthony, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : MARCH 08, 2011 Heard. For the reasons recorded in the order dated 24.2.2011 an ad-interim direction was given in favour of the applicant in connection with the arrest apprehended by him with regard to Crime No.18/2011 registered with Kondhali Police Station for offence under Section 379 of the Indian Penal Code. While giving the said direction, certain conditions were imposed to ensure that giving of such direction does not forestall the investigation in the said crime. The notice of the said application was served upon the prosecution and in pursuance of the same the learned APP has filed the say. The perusal of the matters stated in the said say and the submissions of the learned APP though reveals that the matter is under investigation, still the 2 same does not disclose the applicant being involved in the crime of a serious nature. It appears that the stolen property is said to be three trees and there exists the dispute regarding ownership of the said trees and/or the land upon the said trees were standing. Having regard to the same and having regard to the fact that the learned APP has not refuted submission of the learned counsel for the applicant that the applicant had abided the conditions imposed while granting ad-interim direction in his favour, the same deserves to be confirmed, as considering the case of the applicant upon the guidelines given in paragraphs 122 to 125 by the Apex Court in the case of Siddharam Satlingappa Mhetre .vrs. State of Maharashtra and others, reported in 2010 (12) Scale 691 does not reveal custodial interrogation of the applicant being necessary. In view of the same, ad-interim direction given stands confirmed on the same terms and conditions as imposed earlier with the modification of the applicant now attending investigating officer on every Monday and additionally on a day on which he is called by the investigating officer for the purpose of investigation. The rest of the conditions imposed by the said order stand unmodified. The application stands disposed of. JUDGE Gulande