1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.104/2011 (Rupesh Krushnaji Nandankar .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. Anil S. Mardikar, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant. .......... CORAM : P.D. KODE, J. DATED : MARCH 31, 2011 Heard. For the reasons recorded in the order dated 24th March, 2011, 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.40/2011 of Police Station, Gadchiroli for commission of offence under sections 406, 420 r/w 34 of IPC. 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, prosecution has filed reply. After considering the matters stated in the say and particularly the reasons stated in the order, it is difficult to perceive that custodial interrogation of the applicant would be necessary for completion of 2 investigation of the crime registered. Having regard to the same and the learned APP having not refuted the statement of the learned counsel for the applicant of having abided the conditions imposed while giving ad-interim direction, there is no worthwhile reason for cancelling/annulling/revoking the direction already given, ad-interim direction given deserves to be confirmed. Having regard to the aforesaid, ad-interim direction given on 24.3.2011 is hereby confirmed on the same terms and conditions with the modification that now the applicant shall attend the Investigating Officer only when summoned by him by sending SMS on his mobile phone which is to be furnished by him today only to the Investigating Officer by sending SMS. The rest of the conditions imposed earlier stand unmodified. The application stands disposed of. JUDGE Gulande