1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3609/2009 [Siddharth Vishwanath Aathawale - .vrs. State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Sandeep Chopade, Advocate, for the applicant, Mrs. Ketki Joshi, APP for respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 11, 2009. Heard. Learned APP files further report, which is marked as “X” for identification and taken on record. Having regard to the matters stated in the report tendered by learned APP to the effect that certificate annexed with the application bears signature of the incharge Block Education Officer but the same has not been issued through office, the first information report lodged being not directed against incharge Block Education Officer, the payment being made on the said basis, statement made by learned APP after taking instructions from the I.O Shri P.S. Akotkar, API, P.S. Dahihanda, Distt. Akola, who is present in the Court, that I.O was not able to trace out the agreement entered for work entrusted and having regard to the statement made by learned counsel for the applicant that the recovery has 2 been started by Zilla Parishad and in the process, the applicant has paid Rs. 30,000/- so far, the applicant has made out a case for granting protection under Section 438 of Cr.P.C for a limited period i.e. till the investigation is effected upon the relevant aspect. Crime being registered on 25.09.2009 and stage of investigation, this court expresses anguish regarding the pace of same and expects the Investigation Officer to complete the same as expeditiously as possible. In the premises aforesaid, the Investigating Officer of Crime No. 55 of 2009 is hereby directed that in the event of arrest of the applicant in connection with the said crime, he shall be released on anticipatory bail uptill 12/01/2010 subject to the applicant furnishing a P.R.Bond in the sum of Rs. 25, 000/- with one surety in the like amount and subject to the conditions that applicant shall; (i) attend the Investigating Officer of P.S. Dahihanda on every day in the evening in between 6 p.m to 7 p.m for first 7 days and thereafter as and when called by the I.O by sending SMS upon the mobile number to be furnished by the applicant through his Advocate to the I.O, who is present in the Court, for the purpose of investigation ; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of crime under the investigation for dissuading the said person from disclosing the facts within his 3 knowledge to the investigating Officer; (iii)not leaving the residential address mentioned in the application without the permission of this Court; (iv)not committing any offence while being on bail granted by this order. In the event of the investigation being not completed within the aforesaid period, liberty to the applicant to apply for extension of protection after giving notice to the other side. Application stands disposed of. Hamdast allowed. JUDGE Rvjalit