1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.80/2011 (Smt. Pushpa wd/o Manikrao Gajbhiye .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. P.S. Khubalkar, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : MARCH 21, 2011 Heard. For the reasons recorded in the order dated 8.3.2011, ad-interim direction in terms of section 438 of Cr.P.C. was passed in favour of the applicant, who is a lady of 63 years, regarding an arrest apprehended by her in connection with Crime No.245/2010 of Kamptee Police Station, District-Nagpur for commission of offence under sections 302, 201 r/w 34 of IPC. While giving the said direction, certain conditions were imposed to ensure that the investigation in the said crime is not hampered. Notice of the said application was served upon the prosecution and in pursuance to the same, prosecution has today filed reply. While giving ad-interim direction, the fact of applicant being charged for commission of offence u/s 201 of IPC and not the commission of offence of murder 2 of her grandson and so also the nature of acts allegedly committed by her for destroying the evidence for screening main offender i.e. cleaning the house in which the incident has taken place and/or disposing the burnt pieces of clothes, were duly taken into consideration. The reply filed by the prosecution reveals the charge sheet being filed in the matter. Having regard to the same and even otherwise also the matters from reply not disclosing any specific reason because of which even now custodial interrogation of the applicant would be necessary and the learned APP having not refuted the statement of the learned counsel for the applicant of having abided the conditions imposed while giving ad-interim direction, there is no worthwhile reason for cancelling/annulling/revoking the direction already given. Having regard to the aforesaid, ad-interim direction given on 8.3.2011 is hereby confirmed on the same terms and conditions with a modification that now applicant shall attend the Investigating Officer only in event of herself being called for the purposes of investigation and/or for further investigation in crime. Rest of the conditions imposed earlier stand unmodified. The application stands disposed of. JUDGE Gulande