1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.3/2011 (Atul Rameshrao Diwe .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Mahesh Rai, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : JANUARY 31, 2011 Heard. By the present application, the applicant/accused apprehending an arrest in connection with Crime No.503/2010 registered with Police Station, Wardha for commission of offence under Sections 147, 148, 342, 364, 307 of the Indian Penal Code and Section 4/25 of the Arms Act, has prayed for a direction under Section 438 of the Code of Criminal Procedure. The application is opposed by the prosecution on the count of involvement of the applicant being borne from the material collected during the investigation as stated in reply submitted. The learned counsel for the applicant has pressed for the direction on the count that co-accused 2 Parvej Khan being already granted such a direction for the reasons recorded in order dated 15.12.2010 in Criminal Application No.1898/2010. It is urged that the case of the applicant is on par with the same accused. It is further urged that though the name of the applicant appears in the first information report, the same fails to depict any precise act committed by him. It is urged that the material against the applicant does not transcend beyond having assaulted Prashant. It is urged that considering the nature of injury sustained by Prashant i.e. about four injuries and claims staked by himself being assaulted by mob comprised of accused persons about 18 to 20 denote the possibility of false implication of the applicant. It is further urged that having regard to the same his request for direction be acceded with. After perusal of the material in the diary shown and particularly matters in the first information report, the same supports the submission of the learned counsel for the applicant. Apart from the learned APP having not pointed out any particular reason now warranting presence of the applicant for custodial interrogation for crime occurred on 25.10.2010, the said material even after prima facie consideration does not reveal any such possibility. Having regard the same, the prayer deserves to be considered but having regard to the circumstances pointed out by the learned APP that there are about four cases pending against the applicant, it will be necessary to impose strict conditions and ensure that the same are complied with strictly. Hence the 3 order : Inform the Investigating Officer of Crime No. 503/2010 of Police Station, Wardha that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.50,000/- with one solvent surety in the like amount and subject to the conditions that applicant : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm on every day till filing of the chargesheet, (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Investigating 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. The application stands disposed of. Hamdast allowed. JUDGE Gulande