1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO. 70/2011 (Umesh Uttam Rathod and ors. .vs. State of Mah. through PSO PS Mangrulpir, Dist. Washim ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. C.R. Najbile, Advocate for Applicants. Mr. A.S. Sonare, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 10, 2011 Heard. For the reasons recorded in the order dated 1.3.2011, an ad-interim direction in favour of the applicants was given with regard to arrest apprehended by them in connection with Crime No.50/2010 registered with Police Station Mangrulpir for offences under Sections 427 read with 34 of IPC and under Sections 3 (1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The notice of the said application was served upon the other side and in pursuance to the same, the say has been filed by the prosecution. After considering the matters stated in the say filed by the prosecution, it is difficult to perceive that any case is made out for not confirming the ad-interim 2 direction given. Needless to say that bare perusal of the material in the FIR itself does not reveal that the act allegedly committed by the applicants said to be constituting the offences, was committed by them because first informant was a person from a particular community. Even the matters stated in the reply tendered does not afford the reason for coming to such a conclusion even prima facie. However, while giving the ad-interim direction, conditions being not imposed and it will be necessary to impose appropriate conditions to ensure that granting prayer in the application does not affect the investigation in progress and/or to prevent misuse of the order by the applicants in future. Inform the Investigating Officer of said Crime that in the event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.25,000/- by each with one surety in like amount and subject to the conditions that applicants (i) shall attend the I.O. every day for a period of first seven days in between 11 and 2 p.m. and thereafter every alternate day for next seven days and thereafter on every Monday until filing of the charge sheet; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the 3 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. Application stands disposed of. JUDGE halwai