1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1722/2010 (Ashok Kisanrao Katre .vrs. State of Maharashtra) AND CRIMINAL APPLICATION NO.1723/2010 (Bhimrao Maroti Ambalkar .vrs. State of Maharashtra) AND CRIMINAL APPLICATION NO.1734/2010 (Ishwar Jagan Bairagi .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.M. Patil, Advocate h/f Mr. Anil S. Mardikar, Advocate for the applicants in Criminal Application Nos.1722/2010 & 1723/2010, Mr. B.K. Gandhi, Advocate for the applicant in Criminal Application No.1734/2010, Mr. A.S. Sonare, APP for the non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 03, 2011 Heard. The applicants in these applications have prayed for a direction under Section 438 of the Code of Criminal Procedure in event of their arrest in connection with Crime No.55/2010 registered with Hiwarkhed Police Station, District-Akola for an offence under Sections 468, 471, 420, 409 r/w 34 of the Indian Penal Code and for offence under Section 13(1)(c)(d) & (2) of the Prevention 2 of Corruption Act. The said offence was registered on 12.10.2010 upon the information lodged by the Deputy Superintendent of Anti Corruption, as a result of enquiry made by him upon the complaint received from one Ramesh Pawar of misappropriation being effected in making the payment to the labourers employed in Van Project Sub-Division No.6, Danapur during the year 2004-2005. It is sum and substance that the applicants and one deceased accused had conspired and prepared forged documents and muster roll for the said purpose. By order dated 26.10.2010, ad-interim direction was given upon the certain conditions until the prosecution filing the reply to the applications made by the applicants. The same was thereafter continued during the course of hearing of applications prolonged for the reasons recorded in the orders passed from time to time. At the hearing of these applications, after taking instructions from Mr. S.N. Mankar, Police Inspector, ACB, Akola, learned APP has stated that the applicants had abided the conditions imposed while granting ad-interim protection. Now considering the facts and circumstances pertaining to the said crime committed in year 2004-2005 and the matters stated in the say, hardly there appears any case requiring the custodial interrogation of the applicants. Learned APP was also not able to show any particular circumstance or aspect for justifying custodial interrogation of the applicants being necessary. In view of the same and 3 considering the amount misappropriated being to the tune of Rs.8,718/-, the time period for which the applications remained pending, it appears proper to confirm ad-interim orders passed. Needless to add the same deserves to be confirmed after considering the case of the applicants upon 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. Additionally, it will be necessary to observe that every investigation being required to be completed as early as possible to avoid valuable evidence getting lost and in the instant case the crime allegedly having taken place in the year 2004-2005 and the evidence regarding the same being primely in the nature of documents allegedly prepared, it is expected of Investigating Officer to complete the investigation as early as possible. In the premises aforesaid, ad-interim direction granted earlier is hereby confirmed. Inform the Investigating Officer of Crime No. 55/2010 of Police Station, Hiwarkhed, District-Akola that the applicants be released on bail upon each of them furnishing a P.R. Bond in the sum of Rs.25,000/- with one surety each in the like amount and subject to the conditions that the applicants : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am 4 to 2.00 pm on every Monday and so also as and when summoned by Investigating Officer by sending SMS upon their mobile numbers; (ii) shall forthwith furnish their mobile numbers to the investigating officer; (iii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Investigating Officer; (iv) shall stay at the address mentioned in the applications and shall not change the same without permission of the Court; (v) shall not commit any offence while on bail. All three applications stand disposed of. In view of disposal of above all three criminal applications, Criminal Application (APPP) No.1045/2010 and Criminal Application (APPP) No.1046/2010 also stand disposed of. JUDGE Gulande