1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3418/2009 [Shridhar Annasaheb Gawande ..vs.. State of Maharashtra ] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A.J.Thakkar. Advocate, for applicants Mr. D.P.Thakare, APP for Respondent .......... CORAM : P.D. KODE, J. DATE : DECEMBER 15, 2009. Heard. The applicant apprehending arrest in connection with Crime No. 129/2009, registered by Police Station Akot for commission of offence under Section 457, 380 of I.P.C., has been protected vide order passed on 18th November, 2009. The perusal of case diary does not reveal the investigating agency being able to collect any further material directly linking the applicant with commission of crime which had occurred about 5 months back i.e. on 22.7.2009. Having regard to the same, the interim protection granted in favour of the applicant deserves to be confirmed untill completion of investigation in the matter, however, having regard to the statement made by 2 learned APP that the applicant having not attended the I.O in spite of an order passed on 18th November, 2009, and the same being countered by learned counsel for the applicant on the count of the applicant being not served with summon as directed and the learned counsel for the applicant having further made a statement that the applicant having required to go at out-station duties, some modification deserves to be made while confirming the said interim direction for leaving no room for arising of controversy regarding aspect of attendance. Hence, the interim direction given on 18th November, 2009, is hereby confirmed untill filing of charge sheet by the police in the relevant crime on the same terms and conditions with modification that now for the purpose of calling the applicant, the I.O shall send SMS on the mobile of the applicant i.e. Mobile No. 9552343284 informed by the learned counsel for the applicant, and in event of receipt of such SMS, the applicant shall attend the I.O as stipulated therein. Liberty to the prosecution to apply in accordance with law for cancellation of bail and/or modification of the terms of the bail subject to there exist a case for the same. Application stands disposed of. Hamdast allowed. JUDGE Rvjalit