1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Writ Petition No.69 of 2009 (Devidas Wagji Amzare v. The State of Maharashtra and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= By Post. Shri S.B. Ahirkar, APP for Respondents. CORAM : A.H. Joshi & R.C. Chavan, JJ. DATE : 5th March, 2009 1. The learned APP for the respondents has produced for our perusal the statements of the witnesses, on the basis of which, an adverse report was forwarded by the police. As is seen from those statements, the houses of the prisoner and those of the witnesses are in front of one another and, therefore, the witnesses apprehend further controversy and danger to their security. 2. Considering the statement of the prisoner that he would not visit the place in question and will stay at different village, we find that refusal to release is not proper. 3. It would be suffice if conditions such as that the prisoner shall stay at different village and shall not visit Hatgav, and such other conditions as to furnishing the bond and surety, duration of furlough and police station where he 2 would mark his attendance etc. are imposed. 4. We set aside the impugned order dated 2-12-2008 and direct the DIG (Prisons)(East Region) to pass appropriate order as indicated. 5. We direct that order in regard to above matter be passed by the DIG (Prisons)(East Region), Nagpur within four weeks from today. 6 . Steno copy allowed. JUDGE JUDGE pdl