1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 129/2011 ( Namdeo Bhimrao Dhok and one .vs. State of Maharashtra through Pso PS Nandanwan, 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.A. Jaiswal, Advocate for Applicants. Mr. S.B. Ahirkar, APP for respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 19, 2011 Heard. For the reasons recorded in the order dated 8.4.2011, the applicants were granted ad-interim protection in terms of Section 438 of Cr.P.C. with regard to arrest apprehended by them in connection with Crime No. 69/2011 registered with Nandanwan Police Station for offence under Section 436 read with 34 of IPC. While giving the said direction, certain conditions were imposed to ensure that the investigation in the said crime is not forestalled. Notice of the said application was served upon the prosecution and in response to the same, the learned APP has tendered the say. Without detailing the matters stated in the order dated 8.4.2011, it will be sufficient to say that the ad-interim protection was given in view of the matters stated in the FIR failing 2 to give an impression of the first informant having seen the applicants setting the Panthela on fire. The said position seems to have remained unaltered in spite of the further investigation carried out. The say filed by the prosecution does not reveal the investigating agency being able to trace out any witness for the incident occurred for which the crime has been registered. Having regard to the same and considering the character of the material so far collected during the investigation, it is difficult to perceive that custodial interrogation of the applicants being necessary. Furthermore the learned APP has also not refuted the statement made by the learned counsel for the applicants of the applicants having abided the conditions imposed. In view of the same, the ad-interim direction given deserves to be confirmed and the same stands hereby confirmed on the same terms and conditions with the modification that the applicant now shall attend the I.O. on every Monday in between 11 a.m. and 1 p.m. Additionally they shall also attend the I.O. if their presence is required by him for the purposes of investigation by intimating them by sending SMS on their mobile phone of which numbers are to be furnished by the applicants to the I.O. within two days. Application stands disposed of. JUDGE halwai