1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 93/ 2011 ( Vijay Govindrao Vink are .vs. St at e of Mah. Through PSO PS Bit ergaon, Dist . Yavat m al ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.M. Bhangde, advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 25, 2011 Heard. For the reasons recorded in the order dated 17.3.2011, an ad-interim order in terms of Section 438 of Cr.P.C. was passed in favour of the applicant regarding arrest apprehended by him in connection with Crime No. 9/2011 registered with Police Station Bitergaon, district Yavatmal for offence under Section 326 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, the prosecution has today filed the reply to the application. The prosecution has objected the prayer on two counts i.e. the identification parade is yet to be held and there being likelihood of the prosecution evidence getting tampered. With regard to objection raised on 2 first count, as while giving the direction, the condition was imposed on the applicant to attend to the I.O. and the statement of the learned counsel for the applicant of applicant having attended the same, is not refuted by the learned APP and as the learned APP was not able to explain the reason because of which the identification parade was not held in spite of the applicant being asked to attend the I.O. , it is difficult to sustain the objection raised. With regard to the objection raised on the count of there being likelihood of prosecution evidence getting tampered, care of the same can be taken by imposing suitable conditions. In view of the same, hardly there exists any reason for not accepting the prayer made in the application. Hence the ad-interim direction given on 17.3.2011 is hereby confirmed with the modification that now the applicant shall attend the I.O. on every Monday until filing of the charge sheet and additionally the applicant shall not enter Pardi Khurd village, tahsil Kinvat, district Nanded without the permission of the trial Court. In addition to above, the applicant shall not attempt to contact any prosecution witness and/or to pressurize them. Application stands disposed of. JUDGE halwai