1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.146/2011 (Rohit Subhash Jaiswal .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.A. Naik, Advocate for applicant, Mr. S.B. Ahirkar, APP for respondent. .......... CORAM : P.D. KODE, J DATED : APRIL 30, 2011 Heard. For the reasons recorded in the order dated 26.4.2011, an ad-interim direction in terms of section 438 of Cr.P.C. was passed in favour of the applicant regarding an arrest apprehended by him in connection with Crime No.110/2011 of Yavatmal City Police Station registered for commission of offences under sections 147, 148, 149, 324 & 307 of IPC r/w Section 3/25 of Arms Act. 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 filed the say. After considering the matters stated in the say 2 and taking into consideration the facts brought to the notice by the learned counsel for the applicant that the co-accused in this case has been granted anticipatory bail vide order dated 26.04.2011 in Criminal Application (ABA) No.133/2011 and thus the case of the present applicant being apparently of the lower pedestal than that of said co-accused, ad-interim direction given deserves to be confirmed. The same appears accordingly, as observed earlier, the matters in the first information report itself does not reveal that the first informant with certainty had not stated that the person who had fired revolver at him was the applicant. The say filed by the prosecution also does not reveal any other material collected during the course of investigation of prima facie showing that the applicant was said assailant/person. Having regard to the same, ad-interim direction granted is hereby confirmed for the same reasons for which the same was confirmed to the co- accused, with a modification that now the applicant shall attend the investigating officer on every alternate day for a period of one week and, thereafter, on every Monday, until filing of the charge sheet. The rest of the conditions by imposed earlier stand unmodified. The application stands disposed of. JUDGE Gulande