1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO. 58/2011 (Ram Babusing Pawar .vs, State of Mah. Through PSO PS Pusad, Distt. Yavatmal ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.M. Patil, Advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 09, 2011 Heard. For the reasons recorded in the order dated 21.2.2011, an ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicant with regard to the arrest apprehended by him in connection with Crime No. 28/2011 registered with Police Station, Pusad then registered for the offence under Sections 363, 366-A read with Section 34 of IPC. While giving the said direction, certain conditions were imposed to ensure that giving of such a direction does not hamper the progress of the investigation in the crime concerned. Notice of the said application was served upon the Public Prosecutor and after taking two dates, the learned APP has filed the say. Though the say filed by the prosecution 2 reveals certain material being collected regarding involvement of the applicant in the act alleged, the same also reveals that the investigating agency has now dropped the offence under Section 366-A of IPC. The same also reveals that the investigation is almost complete and the charge sheet is likely to be filed within 8 to 10 days. Thus considering the reasons for which the ad-interim direction was granted and present stage of investigation, it is difficult to perceive that the custodial interrogation of the applicant is necessary for completion of investigation. The learned APP has also not refuted the submission of the learned counsel for the applicant of the applicant having abided the conditions imposed while giving the ad-interim direction. In view of the same, the same deserves to be confirmed particularly the subject matter being a dispute between husband and wife and regarding custody of the children. Hence the ad-interim direction is hereby confirmed with modification that now the applicant will attend the I.O. on every Monday and on any other day if called by the I.O. for the purposes of investigation i.e. until filing of charge sheet. Rest of the conditions imposed remain unmodified. The application stands disposed of. JUDGE halwai