1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2006/2010 (Prashant s/o Narayan Sangole .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.J. Mirza, Advocate for applicant, Mrs. B.P. Maldhure, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 10, 2011 Heard. Learned APP was unable to point out any material corroborating the matters in the first information report regarding the deceased having sold ornaments of his wife for allegedly making the payment of Rs.2,50,000/- in the year 2008 to the applicant for the purposes of giving an employment on the post of Peon in Sant Gadgebaba Vastigruha. No documentary evidence has been brought to the notice supporting/corroborating relevant matters in the FIR. The learned APP is also not able to refute the statement made on behalf of the applicant that the applicant is already working as a Chowkidar in Shri Sant Gadge Maharaj Chhatralaya, Daryapur. Learned APP was also not able to point out any material regarding the investigation being effected regarding relevant aspects. The FIR was lodged on 1.12.2010 after the death of the deceased occurred on the same day. The inability of the investigating agency to collect the material regarding the 2 aforesaid aspects justifies submission of the applicant being falsely implicated in this case. Having regard to the same, ad- interim direction given on 23.12.2010 deserves to be confirmed in the light of the guidelines given in paragraphs 122 to 125 by the Apex Court in the case of Siddharam Satlingappa Mhetre .vrs. State of Maharashtra and others, reported in 2010 (12) Scale 691. Hence the order : Inform the Investigating Officer of Crime No.182/2010 of Daryapur Police Station for offence under Sections 419, 420, 306, 506, 201 of IPC that in event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail upon furnishing a P.R. Bond in a sum of Rs.25,000/- with one surety in the like amount and subject to the conditions that applicant : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm for a period of 15 days and, thereafter, on every Monday until filing of the chargesheet, (ii) shall not, directly or indirectly, 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; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande