1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 114/2011 ( Narendra Vishwasrao Kanhare .vs. State of Mah. through PSO PS Chandrapur, Tahsil and Dist. Chandrapur ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M.Daga, Advocate for Applicant. .......... CORAM : P.D. KODE, J. DATED : APRIL 07, 2011 Heard. By the present application, the applicant apprehending an arrest in connection with Crime No. 32/2011 registered with Police Station Chandrapur for commission of offence under Section 379 read with 34 of IPC, has prayed for a direction under Section 438 of Cr.P.C. Even considering the matters stated in the FIR and the order passed by the Court of Session, it is apparent that the material against the applicant is by and large confined to the statement made by co- accused allegedly caught on the spot of offence. The matters in the FIR makes it abundantly clear that even the offence of commission of theft was not complete. Having regarding to the same and having regard to the 2 age of the applicant and having considered the case of the applicant in the light of 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 applicant has made out a case for granting direction in terms of Section 438 of Cr.P.C. until need of custodial interrogation of the applicant,if any, is found after perusal of the papers. Inform the Investigating Officer of said crime that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail up-till 19.4.2011 on furnishing a P.R. Bond in a sum of Rs.50,000/- ( Rs. Fifty Thousand) with one surety in like amount and subject to the conditions that applicant: (i) shall attend the I.O. in connection with the investigation of the said crime everyday in between 11 and 1 p.m. or as and when called by the I.O.; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. Issue notice to the respondent returnable on 19.4.2011. 3 Mr. S.B. Ahirkar, learned APP appears for the respondent by waiving notice. Criminal APPP No.337/2011 Heard. For the reasons mentioned in the application, the same is allowed. JUDGE halwai