IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1247/2008 Shiwaji Laxmanrao Malas ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:25.4.2008 Heard Mr. Ghare, Advocate for the applicant and Mr. Parihar, A.P.P. for state. Interim order was passed on 7.4.2008. Reply of the respondent perused. It does appear that thresher machine which was found allegedly operating with the stolen electricity was not found in the field of the applicant. It is contended that the statement of Murlidhar Namdeorao Dhule who was operating that thresher machine was recorded and he told that the thresher machine was belonging to applicant. Even if it is assumed for a moment that the thresher machine was owned by the applicant, fact remains that it was being operated in the field of some other person and that person is not made accused, nor was he interrogated. It does appear further that the person who had operated the thresher machine has not been yet arrested, only his statement appears to have been recorded. In these circumstances, there is no reason to refuse the confirmation of interim order. Hence the same is confirmed as follows: In the event of arrest of the applicant for the offence punishable u/s 135(c) of the Electricity Act vide crime no.3016/2006 of P.S.Washim, he be released on bail on furnishing surety and PRB of Rs.2000/- subject to conditions that he shall report at P.S. Washim, as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. JUDGE smp