1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 52/2010 (GOPALKRISHAN PARASRAM LOKHANDE VS. THE STATE OF MAHARASHTRA) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. C.F.Bhagwani, Advocate, for applicant. APP for respondent State CORAM : A.P. BHANGALE, J. DATED : JANUARY 27, 2010. Heard. 2 By this application, the applicant prays for grant of anticipatory bail in connection with Crime No.96/2009, registered for the offence punishable under Sections 406, 409, 34 I.P.C, at Adyal Police Station, Tq. Pauni, District Bhandara. 3. It appears that, earlier prayer for anticipatory bail moved by the applicant before the learned Sessions Court, Bhandara, was rejected on 1st January, 2010, on the ground that opportunity for custodial interrogation would be necessary in the interest of investigation in the matter. 2 4 Learned counsel for the applicant, considering that the anticipatory bail is objected on the same ground that custodial interrogation is necessary, pleaded that the applicant is ready to cooperate with the investigation while submitting himself in custody for investigation for three days and prays for grant of bail on suitable terms after applicant cooperate with the investigation accordingly. 5 The submission is fair. It would grant opportunity for custodial interrogation for the Investigating Officer concerned. In view of the ruling in Abdul Hamid vs. State of Maharashtra, reported in 2000 SCC (Cri) 1505, the Court may fix period of custodial interrogation of the accused while deciding the prayer for anticipatory bail. Hence, the following order is passed. 6 The applicant shall on or before 4th February, 2010, surrender himself before the Investigating Officer Shri B.K.Madavi of Adyal Police Station, Tq. Pauni, Distt. Bhandara. The Investigating Officer shall complete the investigation including recovery/discovery etc. within the period of three days from the date & time of applicant surrendering before him by obtaining appropriate remand order in the case. After completion of three days from the date and time of surrender by the applicant, the applicant shall be released on bail upon executing P.R. bond in the sum of Rs.25,000/- with one or more solvent sureties in 3 the like amount, provided further that the applicant shall continue to attend the Investigating Officer as and when necessary until the charge sheet is submitted. The applicant shall inform his fixed address with telephone/ cell number (if any) to the Investigating Officer. The applicant shall not communicate with the witnesses acquainted with the facts of the case and shall not try to tamper with the prosecution evidence in any manner and shall not commit any crime while on bail. 7 It is made clear that if the applicant fails to surrender before the Investigating Officer by 4th February, 2010, this order shall stand automatically cancelled without further reference to the Court. It is further made clear that Investigating Officer shall be at liberty to move for cancellation of bail in case of violation of any of the conditions of bail order as above. Application stands allowed and disposed of accordingly. JUDGE Rvjalit.