1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.4022 of 2008 (Duryodhan Bugaji Chavan v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri C.A. Joshi, Advocate for Applicant. APP for State. CORAM : R.C. Chavan, J. DATE : 26th November, 2008 This is an application under Section 438 of the Code of Criminal Procedure in the event of arrest of the applicant for offence punishable under Section 302 of the Penal Code. Heard. The learned APP has made available for my perusal the case diary, which shows that on 16-10-2008, the first report given by Gopal Rathod named Baban, Indal, Sindal and Avdhoot as the persons, who assaulted victim Gorakhnath. However, in the report dated 21-10-2008, the name of the present applicant was also added. Except for inclusion of the name of the applicant in the report dated 21-10-2008, there is nothing to show involvement of the applicant in the crime. It is not clear as to why the applicant's custodial interrogation would, therefore, be necessary. Hence, the application is allowed. In the event of arrest, the applicant be released on 2 his furnishing a PR bond of Rs.50,000/- with one more solvent sureties in the aggregate sum of Rs.50,000/- on the conditions that he shall appear before the Investigating Officer on 1-12-2008 at 10 a.m. and thereafter as and when required by the Investigating Officer, that he shall co-operative with the Investigating Officer in the investigation, and that he shall keep away from the witnesses. JUDGE pdl