1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2015/2010 (Namdeo Babusingh Ade and one .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. J.B. Kasat, Advocate for applicants, Mrs. A.R. Taiwade, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 21, 2011 Heard. For the reasons stated in the order dated 22.12.2010, the applicants were granted ad-interim protection. Though the prosecution had made a grievance of the applicants having not attended the investigating officer as directed, the learned APP was unable to show copy of any notice issued to the applicants for attending on any particular date and time for the purpose of investigation. Even the documents annexed with the reply does not reveal the said date. The report of the police constable tendered also fails to reveal any specific date being intimated to the applicants for attending the same. In addition to the aforesaid, the learned APP has stated that now the 2 applicants are attending the investigating officer. With regard to the matters stated in paragraph 5 of the reply, the learned APP is unable to make a statement whether the investigation agency is going to chargesheet the applicants for the commission of offence punishable under Section 304-B of the Indian Penal Code. Having regard to these circumstances and failure of prosecution to point out any material requiring personal presence of the applicants for the purpose of investigation and the applicants having abided the directions given by the Court and there being remote chances of applicants fleeing away, the ad-interim order passed in favour of the applicants deserves to be confirmed. Hence the order : Inform the Investigating Officer of Crime No. 132/2010 of Police Station, Pusad (Rural) that in event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail upon each of them furnishing a P.R. Bond in a sum of Rs. 25,000/- with two separate solvent sureties in like amount and subject to the conditions that applicants : (i) shall attend Investigating Officer in connection with the investigation of the said crime on every alternate day for a period of 15 days and, thereafter, on every Monday in between 11 am to 2 pm until filing of chargesheet and also as and when called by the I.O.; 3 (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 Investigating Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE Gulande