1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.21 OF 2011 IN CRIMINAL APPLICATION NO.986 OF 2010 Mr. Dinesh Kalujee Marwari and Ors. ...Applicants. v. State of Maharashtra ...Respondents. Mr. Parvez Ubharay i/by M/s. B. Amin & Co. ,adv. For the Applicants. Smt.R.V.Newton, APP. For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 31, 2011. P.C. 1 Heard the learned counsel for the applicants and the learned APP. Applicants were granted bail in Crime No.30 of 2010 registered at Bhoiwada police station for the offences punishable under Sections 436, 427, 120-B r/w Section 34 of the I.P.C. by this Court as per the order dated 13th April, 2010. By the said order, applicants were required to attend the Investigating Officer once in a week till the charge-sheet is filed and thereafter, once in a fortnight till the disposal of the trial. Now the applicants seek relaxation of the condition of attendance on the ground that investigation is not yet completed, real culprits are not found and the present applicants are poor labourers, who were engaged for the 2 purpose of collecting scrap of the mill, which was allegedly burnt and now, they are all working at Ahmedabad and, therefore, it is very difficult for them to attend Investigating Officer at Bombay every week. The learned APP on instructions admits that investigation is not yet completed and, therefore, charge-sheet is also not filed. According to the prosecution, Goldmohur Mill was set to fire with the intention that land of the mill could be available for development. If it is so, real culprits must be powerful and influential persons and builders and not the present applicants, who are the poor labourers. Employer of the present applicants was granted anticipatory bail. It appears that real culprits are not arrested. 2 In view of the above circumstances, condition of attendance in the office of the Investigating Officer is hereby relaxed but the applicants shall report on every first Sunday at Sahi Baug Police Station, Ahmedabad till the end of the trial. 3 Application stands disposed off accordingly. (J.H. BHATIA,J.)