IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 466 OF 2009 CRIMINAL APPLICATION NO. 466 OF 2009 CRIMINAL APPLICATION NO. 466 OF 2009 Shri Ganesh Ramchandra Konde ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 11, 2009 DATED : FEBRUARY 11, 2009 DATED : FEBRUARY 11, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is aggrieved by the order passed by the Sessions Court, Pune, dated 22.12.2008. By the said order, the learned Sessions Court, on the one hand, was pleased to grant anticipatory bail to the applicant and had given a direction that the applicant should report to the Economic Offences Wing & Cyber Crime, Crime Branch, Pune, everyday between 11.a.m to 2 p.m. and simultaneously, liberty was granted to the Investigating Officer to ask for custodial interrogation of the applicant at any time. Operative part of the - 2 - said order reads as under:- "The application is allowed. In the event of arrest, the applicant - Ganesh Ramchanda Konde be released on P.R. bond of Rs.50,000/- with one or two sureties in the like amount, subject to condition, that he should give daily attendance in the Economic Offences Wing & Cyber Crime, Crime Branch, Pune between 11 a.m. 2 p.m. until further orders. It is however made clear that prosecution is at liberty to ask for the custodial interrogation at any time, if prosecution finds it necessary." 3. In my view, such a liberty cannot be granted while granting anticipatory bail. It is always open for the court either to grant anticipatory bail or to reject it. It is inconceivable that in the conditional order of granting bail, at the same time, granting liberty to the prosecution to take the accused for custodial interrogation without reference to the court, is being permissible. The liberty, therefore, imposed by the learned Sessions Judge of permitting the prosecution to take the applicant for custodial interrogation is deleted. The applicant has been attending daily the Office to the Economic Offences Wing & Cyber Crime, - 3 - Crime Branch, Pune. Hence, this condition is relaxed and the applicant shall report to the said Economic Offences Wing once in a week between 11 a.m. and 2 p.m. 4. Counsel for the applicant has invited my attention to the order passed by this Court in Criminal Application No.3692/2008 dated 1st December, 2008 where the anticipatory bail had been granted by this court (Coram : D.B. Bhosale, J.) without imposing or limiting a period of anticipatory bail. The applicant is said to be a Director of the said Bank. However, he has not taken any loan from the bank nor loan has been disbursed in favour of his relatives. On the ground of parity, the condition of granting anticipatory bail for a limited period cannot be imposed. 5. The application is, accordingly, disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)