1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.133/2011 (Vikas @ Vikky s/o Nandlal Rai Vs. 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. V.M. Deshpande, Advocate for Applicant. Mr. S.B. Ahirkar, APP for Non-Applicant. .......... CORAM : P.D. KODE, J DATED : APRIL 26, 2011 Heard. By order dated 13.04.2011 ad-interim direction in terms of Section 438 of the Cr.P.C. was passed in favour of the applicant with regard to arrest apprehended by him in connection with Crime No. 110/2011 registered with Police Station Yavatmal City for an offence punishable under Sections 147, 148, 349, 324, 307 of the IPC r/w Section 3 and 25 of the Arms Act. The notice of the said application was served upon the prosecution and the learned APP had appeared by waving service. The prosecution has not filed any reply. Apart from the same, the apparent perusal of report does not reveal that the informant/victim has with certainty alleged of applicant having fired revolver and/or assaulted him by means of weapon. Having regard to the same, it is difficult to 2 perceive of there being any need of custodial interrogation. However, it appears that while passing order dated 13.04.2011 the conditions were not imposed for ensuring that giving of such direction does not hamper progress of the investigation in the crime. In view of the same by including proper conditions, the interim direction deserves to be confirmed. Inform Investigation Officer of Crime No. 110/2011 registered with Police Station Yavatmal City on 05.03.2011 for an offence punishable under Sections 147, 148, 349, 324, 307 of the IPC r/w Section 3 and 25 of the Arms Act that in the event of arrest of the applicant in connection with the said crime, he be released on bail on furnishing a P.R. Bond in the sum of Rs. 1 lac (Rupees One Lac only) with one surety in the like amount and subject to the conditions that the applicant: (i) shall stay outside the jurisdiction of Yavatmal City, shall inform his place of abode to the I.O., shall not change the same without the permission of the Court, shall attend the local police station in which he would be staying on every Monday and additionally as and when summoned by the I.O. by sending SMS upon his mobile number which is to be furnished by him through his Advocate at the earliest and in any event within 48 hrs. from the passing of the order; (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 Police Officer; 3 (iii) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. Hamdast allowed. JUDGE Nikhare