1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3704 of 2009 Mohd Khalil v. The State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr F.T. Mirza, Adv for applicant Mr A.S. Fulzele, APP for State Coram : A.P. Bhangale, J Dated : 13th January 2010 1. Heard learned counsel for applicant and learned Additional Public Prosecutor for State. 2. By order dated 17th December 2009 applicant was ordered to be released on interim anticipatory bail in the event of his arrest. Learned counsel for applicant submits that since applicant is ready and willing to cooperate, the said order may be confirmed. Learned APP, on the other, contends that custodial interrogation of the applicant is very much necessary. 3. Witness Uttamchandra has given statement that envelope containing fake communication was given by applicant-accused Mohammad Khalil (known as Babbanseth) to him to be delivered to Homiyar Kotwal for onward delivery to the Forest Department. It is adequately brought on record at 2 this prima facie stage that it was the applicant who fabricated communication in the name of Information and Technology Department containing permission for laying down the optical fibre cables from Ashti to Chamorshi and from Alapalli to Zamela. Letter was delivered through witness Uttamchandra for being delivered to H.P. Kotwal who is authorised signatory of M/s Giga Solutions Private Limited which Firm is entrusted the job of cabling work. 4. Considering the submissions and documents placed on record, it is necessary to give free hand to the investigating agency so as to enable it to reach to a logical conclusion. It is necessary to unearth the real culprits and it is just possible that during the course of investigation, police may detect similar fabrication and concoction. Investigation is yet to be completed. 5. In the facts and circumstances, application is rejected. Consequently, order dated 17th December 2009 granting interim bail stands vacated. Needless to say, applicant may approach the remand court and apply for bail on merit. Judge. Hsj