1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 134/2011 ( Fida Hussain Yahyabhai Bohra .vs. State of Mah. through PSO PS Khamgaon (City), Tahsil Khamgaon, Dist. Buldhana. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga Advocate for Applicant. Mr. S.S. Doifode, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 25, 2011 Heard. By the present application, the applicant apprehending an arrest in connection with Crime No. 28/2011 registered with Police Station Khamgaon (City), Dist. Buldhana for commission of offence under Sections 420, 177, 201 of I.P.C. and under Sections 146 (G) (H)(J) (K)(P) of Maharashtra Co-operative Societies Act, 1960 , has prayed for a direction under Section 438 of Cr.P.C. Having regard to the nature of the accusations leavelled i.e. failure of the Directors to produce the record for the purposes of audit on count of same being submitted to the Income Tax Department and the Police Stations at Chandrapur and Nasik and the Income Tax Department and the Police Stations having informed that they are not having the record of the 2 society with them etc., and after considering matters stated in say tendered by APP today, it is difficult to perceive that there is any need of custodial interrogation of the applicant. In view of the same and considering the nature of the accusations, the applicant is entitled for protection under Section 438 of Cr.P.C. as prayed by him. The same appears accordingly after considering case of applicant on basis of guidelines given by the Apex Court in Siddharam Satlingappa Mhetre .vs. State of Maharashtra and ors. reported in 2010 (12) SCALE 691 in paragraphs 122 to 125, as the completion of investigation can be ensured by imposing certain conditions. Inform the Investigating Officer of said crime that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand) with two sureties in like amount and subject to the conditions that applicant: (i) shall attend the I.O. everyday for first seven days in between 11 a.m. & 1 p.m. and thereafter on every Monday till filing of the charge sheet and additionally on the day on which he would be summoned by the I.O.; (ii) 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 Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without 3 permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE halwai