1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.102/2011 (Mohd. Mohsin Mohd. Hussain .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. R.M. Daga, Advocate for applicant, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : MARCH 23, 2011 Heard. By this application, the applicant, who is said to be absconding in connection with Crime No.91/2007 registered on 11.8.2007 with Akot File Police Station, District-Akola for offences under sections 147, 148, 324, 302 r/w 149 of IPC, has prayed for anticipatory bail. The learned counsel for the applicant states that the trial of nine charge sheeted accused in connection with the said crime is over and all the said accused are acquitted. It is urged that the applicant was never absconding and in order to show his bonafides, he is willing to surrender before the Court of Session within reasonable time i.e. up-till 5.4.2011 but may be protected till then as the order passed by the Court of Session rejecting his application for anticipatory 2 bail fails to specify the material leading to conclusion that he was absconding. The learned counsel for the applicant states that the applicant is ready to abide any terms and conditions as would be imposed for facilitating completion of remaining facets of investigation, if any. It is urged that the direction may be given to the Court of Session for deciding application for bail which applicant intends to make, as early as possible. The request made on behalf of the applicant is not objected by the prosecution. The prayer being made for granting time for surrendering before the court of law and since same may facilitate completion of investigation in the matter, the same will deserve consideration. The applicant, as informed, to surrender before the Court of Session, Akola on or before 5.4.2011. In the meanwhile, the applicant shall attend the investigating officer on every day in between 11 am and 1 pm for the purpose of investigation, shall also cooperate for completion of investigation, shall not 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 investigating officer, shall stay at the address mentioned in the application and shall not misuse the order for fleeing away. In event of the applicant making an application for bail, the Court of Session at Akola is directed to dispose of the same in accordance with the law, as expeditiously as possible, subject to advance 3 copy of the same being served upon the other side. In view of the aforesaid, investigating officer not to take any coercive steps against the applicant till 5.4.2011. The application stands disposed of in terms of aforesaid directions. JUDGE Gulande