1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO. 8/2011 ( Yusuf Khan Sardar Khan Pathan .vs. State of Mah. Through PSO PS Samudrapur, Distt. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.B. Gaikwad, Advocate for Applicant. Mrs. B.P. Maldhure, APP for respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 14, 2011 Heard. For the reasons recorded in the order dated 13.1.2011, an ad-interim order in favour of the applicant was passed in connection with arrest apprehended by him in connection with Crime No. 132/2010 registered with Samudrapur Police Station for offence under Sections 420, 468, 471 read with section 34 of IPC. While issuing the said direction, certain conditions were imposed to ensure that giving of such a direction does not hamper the progress of investigation ongoing of said crime. Admittedly the applicant is not the person who had sold the land but is alleged to be mediator and also alleged to have played a vital role of supplying women for representing themselves to be sisters of Damodhar who had sold ancestral lands in which himself was 2 having share with sisters. It is also prosecution case that at the time of the execution of the sale deed residential proof/identity cards for the said accused who had impersonated to be the sisters of Damodhar were handed over by applicant to Tahsildar. It is the prosecution allegation that the present applicant had prepared the said residential proof/identity cards. After perusing the papers of investigation shown by the learned APP, specific query was put to the learned APP to show the material linking the applicant with the preparation of or providing said fake residential proof/identity cards. The learned APP has thereon shown inability to show any other material beyond the material in the shape of the statement of co-accused recorded during the course of the investigation. Thus considering such character of prosecution material even after passage of investigation for 2 ½ months and so also the glance at the copies of the forged documents by itself not revealing of the same being prepared by a person having the specialized knowledge and considering the case of the applicant upon the guidelines given by the Apex Court in Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691 in paragraphs 122 to 125, the ad-interim direction deserves to be confirmed. Needless to add that it is not the grievance of the prosecution that the applicant had not made himself available for the interrogation. In the premises aforesaid, the ad-interim direction given on 13.1.2011 is hereby confirmed on the conditions imposed earlier with the modification that now the applicant shall attend the 3 investigating officer on every Monday in between 11 and 12 noon until filing of the charge sheet and in addition to the same he shall also attend the investigating officer for the purposes of investigation if summoned by him. The application stands disposed of. In view of disposal of Criminal Application (ABA) No. 8/2011, Criminal Application (APPP) No. 31/2011 also stands disposed of. JUDGE halwai