//Common Order// IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLCIATION NO.662/2009[Pradip Surana & anor ..vs..State] CRIMINAL APPLCIATION NO.804/2009[Ravindra Salve ..vs..State] CRIMINAL APPLCIATION NO.940/2009[Anil Salve ..vs..State] CRIMINAL APPLCIATION NO.1020/2009[Sachin Diwase ..vs..State] CRIMINAL APPLCIATION NO.1148/2009[Arvind Darekar..vs..State] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 13 th APRIL, 2009 Heard Shri Sirpurkar, Advocate for applicants in all applications and Shri Sonare, A.P.P. for state in applications. In this case, this court had granted interim anticipatory bail to the applicant. Question is whether that order needs to be confirmed. I had specifically asked the learned A.P.P. to point out the evidence that is collected against the applicant, after the report was lodged by the complainant on 9.1.2009, for the aforesaid offences. Except that deceased was seen into company of the accused, nothing specific could be pointed out. Learned A.P.P. is seeking time only because C.A.'s Report is not received. Considerable time has passed after the interim order was passed. By this time investigating authority should have been able to complete the investigation and produce some material against the applicants, in addition to what was already collected. The report is of 9.1.2009. Interim bail was granted in February. Therefore, this court had already considered the impact of the report on the case. This is a peculiar case where the earlier offence under section 304-A of I.P.C. was registered on 4.1.2009. It was sought to be converted into offence under section 363, 366-A, 376(g), 302, 301, 120-B of the I.P.C. on the basis of report by mother of the deceased, which was lodged on 9.1.2009. The nature of offence alleged earlier and the offences alleged now, is completely different. Hence it was for the prosecution to make out a specific case for these offences after the collection of the evidence against the applicants. Despite sufficient time it does not seem to have been done. Hence interim order needs to be confirmed. Same is confirmed. In the event of arrest of the applicants in Crime No.4/09, for the offences under section 363, 366-A, 376(g), 302, 201, 120-B of I.P.C. of P.S. Warora, each of them be released on furnishing surety and PRB in the sum of Rs.10000/- subject to condition that they should appear P.S. Warora on every Sunday at 11.00 a.m. and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the respondent shall be at liberty to move for cancellation of bail, if the circumstances so warrant. Applications disposed of. JUDGE smp