1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 132/2011 ( Ashok Maroti Atram .vs. State of Mah. through PSO PS Gadchiroli ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Mardikar Advocate for Applicant. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MAY 03, 2011 Heard. By an order dated 13.4.2011, the ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant with regard to arrest apprehended by him in connection with Crime No. 48/2011 registered with Police Station Gadchiroli for offence under Sections 420 and 409 of IPC. The perusal of the said FIR reveals that the said offence was registered on the basis of the information given by Junior Clerk working under the Collector on the basis of the matters transpired from the Inquiry Report. The alleged acts constituting the offence are said to have been committed in the year 2007-2008. The perusal of FIR and so also the say filed by the prosecution do not 2 precisely give particular of the acts constituting offences alleged with reference to dates and amount embezzled. Having regard to the same, it is difficult to perceive that there will be any necessity of custodial interrogation of the applicant for completion of investigation. The same appears accordingly as apparently evidence about the alleged acts is likely to be found embodied in the documents such as registers, vouchers, receipts etc. However, while issuing ad-interim direction , conditions as stipulated by law being not imposed, the same will be required to be imposed while confirming a direction, for facilitating completion of the investigation in the said crime without hinderance. Inform the Investigating Officer said crime that that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.5,000/- with one surety in like amount and subject to the conditions that applicant: (i) shall attend the I.O. in the event of being called for the purposes of investigation by I.O. by sending SMS on the mobile phone, the number of which is to be furnished by him within 48 hours to the I.O.; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him 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; 3 (iv) shall not commit any offence while being on bail granted vide this order. Application stands disposed of. Criminal APPP No.362/2011 Heard. In view of disposal of main application, the application stands disposed of. JUDGE halwai