1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.3723 OF 2008 (PRALHAD VISHVANATH JOJAR VS. STATE OF MAHARASHTRA.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri A.V.Bhide, Advocate for Applicant. Shri T.A.Mirza, A.P.P. for Respondent /State. CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 10, 2008. 1. This is an application by husband of fair price shop owner for being released on bail under Section 438 of the Code of Criminal Procedure, in the event of arrest, for allegedly misappropriating 56 Quintals and 25 kgs. of rice. 2. On 22nd October, 2008 when the application first came up for hearing the applicant was protected from arrest and the learned A.P.P. was asked to instruct the Non-applicant to take custody of the stock of rice. Reply filed on behalf of the State today does not indicate that the Non-applicant has cared to take custody of 56 Qtls. & 25 Kgs of rice. The learned counsel for the applicant states that in fact he had made an 2 application to the officer concerned to enable the officer to take custody of rice. It is not known as to why the respondent did not secure the custody of the rice. The applicant states that he would deliver the rice on 17th November, 2008 at 10.00 a.m. and the learned A.P.P. undertake to instruct the office to take custody of the rice. 3. Considering the nature of the allegations made and the averments in the reply, custodial interrogation of the applicant may not be necessary. In the event of arrest, the applicant be released on their furnishing P.R.B. in Rs.Fifty Thousand with solvent surety in the like sum, on the condition that the applicant shall appear before the Investigation Officer on 12th November, 2008 at about 10.00 a.m. and thereafter as and when required by the Investigating Officer. 4. The applicant shall inform the Investigating Officer of his movements till the chargesheet is filed, as also convey to the Investigating Officer his telephone numbers etc. which he may be using for communication. 3 5. The application is disposed of accordingly. 6. Hamdast allowed. JUDGE RR.