1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1802 OF 2010 (Vikas Anantrao Naitam and others .v. 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. Shri M.P. Kariya, Advocate for the applicants. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. By way of present application, the applicants are seeking pre-arrest bail for the offence punishable under Section 306 read with Section 34 of the Indian Penal vide Crime No. 130/2010 registered with the Police Station, Mul, District Chandrapur. Learned Counsel for the applicants submits that the applicants are involved in the crime only on the suspicion. He submits that one Raghunath Naitam committed suicide and on the basis of one chit, the applicants are booked in the said offence. He further submits that even bare perusal of the report would show that there was a dispute and the quarrel took place on 22.06.2010 in respect of possession of the agricultural land. Learned Counsel further submits that incident of this quarrel and dispossession as alleged against the applicants took place in the month of June, 2010; whereas the dead body of deceased Raghunath was found on 28.09.2010 and the report came to be lodged on 11.10.2010. He further submits that taking into consideration the time span, there is no nexus so as to connect the applicants with the alleged suicide of Raghunath Naitam. Learned Counsel for the applicants further submits that the investigating agency has completed the investigation. It is not the case of the investigating agency that anything is to be recovered in the said offence. It is also not in dispute that the statements of the applicants are also recorded. He further 2 submits that this Court, by order dated 02nd November, 2010 granted interim protection to the applicants and the applicants have complied with the conditions imposed upon them by this Court. Learned Counsel submits that the applicants are ready and willing to cooperate with the investigating agency and will abide by the conditions imposed upon them by this Court. Learned APP has filed reply. It reveals that the investigation is nearly completed. The statements of the witnesses are also recorded. It is not disputed that the applicants have followed and complied with the conditions imposed by this Court. There is neither any grievance made by the investigating agency nor anything is placed on record to suggest the breach of the conditions at the hands of the applicants. The apprehension expressed in the reply that the applicants may not cooperate with the investigating agency cannot be said to be justified in view of the observance of the conditions by the applicants and the apprehension expressed can be taken care of by asking the applicants to abide by the conditions in future also. In the result, the application is allowed. The applicants be released on bail in the event of their arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) each with one surety each in the like amount, on the following conditions. (i) The applicants to cooperate with the investigating agency and attend the Police Station, Mul, District Chandrapur on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicants shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicants to submit their residential addresses and their contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicants are moving out of the area of Police Station, Mul, District Chandrapur, they shall inform the 3 Police Station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.