1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 120/2011 (Hemant Kishor Ramteke and ors. .vs. State of Mah. through PSO Parsheoni, Dist. Nagpur. ) with CRIMINAL APPLICATION (ABA) No. 143/2011 (Govind Bajirao Meshram .vs. State of Mah. through PSO Parsheoni, Dist. Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for Applicants in both applications. Mr. S.S. Doifode, and Mr. A.S. Sonare, APPs for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 20, 2011 Heard. By the aforesaid applications, the applicants have prayed for direction under Section 438 of Cr.P.C. with regard to the arrest apprehended by them in connection with Crime No. 3012/2011 registered with Police Station Parsheoni for commission of offence under Sections 3 and 4 of the Dowry Prohibition Act. The said crime has been registered in connection with the demand of dowry for the marriage of applicant no.1 in ABA No.120/2011. The other applicants in the said application are respectively brother, father and mother 2 of applicant no.1 while the other applicant in the sister application i.e. ABA No. 143/2011 is the husband of the maternal aunt of applicant no.1 Hemant in ABA No. 120/2011. For the reasons recorded in the order dated 7.4.2011, an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicants in ABA No. 120/2011. While passing the said order, certain conditions were imposed to ensure that the investigation in said crime is not hampered. Notice of the said application was served upon the prosecution and in pursuance to the same, the prosecution has filed the reply. The learned APP has opted to argue the matter for the said application and so also the sister application on the basis of the said say. Now considering the matters stated in the reply, though there appears substance in the submission of the learned APP that submission advanced for the applicants in ABA No.120/2011 that no event of engagement has taken place prima facie cannot be accepted , still considering nature of material collected during the course of investigation and the nature of offence allegedly committed, it is difficult to perceive of there being any need of custodial interrogation of the applicants for completion of investigation. In view of the same, the prayer made by applicants will deserve consideration i.e. direction given in ABA No. 120/2011 deserves to be confirmed and so also similar direction deserves to be given in ABA No. 143/2011. Inform the Investigating Officer of said crime that in the event of arrest of the applicants in both the 3 applications in connection with the said crime, they shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.25,000/- each with one surety in like amount and subject to the conditions that applicants : (i) shall attend the I.O. in connection with the investigation of the said crime on every Monday and so also on the date, if any, for which they are summoned by the I.O. in connection with the investigation till filing of the charge sheet; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them 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; (iv) shall not commit any offence while being on bail granted vide this order. Criminal APPP No.406/2011 Heard. In view of disposal of main application i.e. ABA No. 143/2011, the present application stand disposed of as not surviving. JUDGE halwai