1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3340/2009 [ Shririam Ukharda Parkhede and another ..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. S.V.Sirpurkar. Advocate, for applicants Mrs.K.Joshi, APP for Respondent .......... CORAM : P.D. KODE, J. DATE : DECEMBER 15, 2009. Heard. By the present application, the applicants/ accused apprehending arrest in connection with Crime No. 67/2009 of Police Station Khamgaon (Rural), Distt. Buldhana, for commission of offence under Section 306, 498-A r/w Section 34 of the I.P.C, has prayed for a direction under Section 438 of Code of Criminal Procedure. The applicants have been protected by interim order passed on 9th October, 2009. The crime in question was registered upon the first information lodged by the brother of deceased Renuka on 5.9.2009 i.e. after about 20 days after the occurrence of an incident, which had ultimately led to the death of the deceased on the same day. 2 Having regard to the reasons because of which interim direction was passed, there appears substance in the submission of learned counsel for the applicant that there is inordinate delay in lodging the first information report and the same raises reasonable probability of false implication of the applicants. Having regard to the said aspect and the reply filed by the prosecution revealing that most of the material against the applicants is in the shape of statements recorded of the relatives of the deceased, the incident in question having occurred after about 12 years of marriage of the deceased with the applicant and the statement made by the learned APP that most of the part of investigation is complete, the ad-interim direction given deserves to be confirmed with liberty to the prosecution for guarding the rights of the investigation/prosecution. Hence, the ad-interim direction given on 9th October, 2009 is confirmed uptill filing of the charge sheet in the same crime upon the same terms and conditions upon which the same was passed, however, liberty to the prosecution to apply in accordance with law for cancellation of protection granted and/or modification of the terms of the order. Application stands disposed of. Hamdast allowed. JUDGE Rvjalit