IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION No. 1354/2009. ( Amir Khan Daulatkhan & others ..vs. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 7 th May, 2009 Heard Shri Mohta, Advocate, for the applicants and Shri Mandpe, APP, for respondent State. Interim order was passed on 9th April, 2009. Learned counsel for the applicants submits that the applicants were named in the investigation by the accused Daulatkan in his alleged confessional statement. Learned APP has pointed out the statements of two police constables viz. Ravi Dashrath Daberao and Shankar Ganeshrao Daberao, which are recorded on 11.2.2009, to the effect that these applicants were along with said Daulatkhan Kabirkhan and Imrarkhan Daulatkhan, against whom there are allegations of criminal overt acts. It appears that, in the last part of their statements, they have stated that the persons who had obstructed the police officers in performing their public duty and the persons who had associated with the main accused were Sayyed Ansar Sayyed Salam, Amirkhan Daulatkan, Nasirkhan Daulatkan, Saddamkhan Daulatkhan, Sajidkhan Daulatkhan and Ayajkhan Kabirkan, all resident of Barshitakli. That some of these persons are the present applicants. On perusal of those statements, there appears no overt acts in the incident; alleged, against these applicants. In the circumstances of the case, as it is informed that Daulatkhan Kabirkhan and Imrarkhan Daulatkhan have already been released on bail, there is nothing to refuse the confirmation of the interim order. Hence, the same is confirmed as follows. In the event of arrest of the applicants for hte offence punishable under Sections 309, 332, 353, 395 of I.P.C. as well as Section 4 & 5 of Bombay Gambling Act, in Crime No. 17/2008 of Police Station Barshitakli, Distt. Akola, each of them be released on bail on furnishing surety and P.R.Bond of Rs.20,000/- each, subject to conditions that they shall attend the police station as and when directed by the I.O. for the purpose of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application disposed of. It is made clear that the above observations are in prima facie view of the matter and therefore, the same shall not influence the learned trial Judge while deciding anything on merits. JUDGE Rvjalit