1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.53/2011 (Rev. John Peter s/o Alfred Nelson .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. Sunil V. Manohar, Advocate for the applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 22, 2011 Heard. By the present application, the applicant apprehending an arrest in connection with Crime No. 224/2010 registered with Police Station, Ramdaspeth, Akola for commission of offence under Sections 420, 406 of IPC, has prayed for ad-interim direction under Section 438 of Cr.P.C. Since the submission of the learned counsel for the applicant that the matters stated in the first information report lodged fails to make out any case of applicant having falsely represented of himself having power of executing power of attorney, prima facie there appears substance in the contention that the nature of transaction between the parties was that of civil nature. Apart from the same, considering the original report which was lodged on 20.10.2010 upon the first 2 application, no offence was registered and the same came to be registered only after obtaining the remarks from the superior officer i.e. ACP, Akola and offence was registered after recording the further statement of the first informant, there appears substance in the contention of protecting the applicant in the meanwhile until merits of the matter are decided after considering the material collected during the investigation. Having regard to the same and thus considering the case of the applicant on the basis of the guidelines given in paragraphs 122 to 125 by the Apex Court in the case of Siddharam Satlingappa Mhetre .vrs. State of Maharashtra and others, reported in 2010 (12) Scale 691, the applicant has made out a case for ad- interim direction as prayed. Needless to add that the learned counsel for the applicant has made a statement at bar that the applicant has power to execute power of attorney and the documents regarding such power would be placed before the court by the next date is also a factor considering the request for granting ad-interim direction. The same appears accordingly in view of the guidelines given clearly reveals that the request of ad- interim direction should be considered for avoiding unnecessary humiliation to the citizens by false implication. Hence, the order : Inform the Investigating Officer of Crime No. 224/2010 of Police Station, Ramdaspeth, Akola that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on ad- interim anticipatory bail up-till 7.3.2011 on furnishing a P.R. Bond in a sum of Rs.1,00,000/- with one surety in 3 the like amount and subject to applicant : (i) placing before the court the documents throwing light about the powers conferred upon the applicant by the Mission; (ii) attending the investigating officer in connection with the investigation in between 11.00 am and 2.00 pm on every day. (iii) directly or indirectly not making 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; (iv) staying at the address mentioned in the application and not changing the same without permission of the Court; (v) not committing any offence while being on bail granted vide this order. Issue notice to the non-applicant, returnable on 7.3.2011. Mr. S.S. Doifode, learned APP appears for the non-applicant by waiving notice. Criminal Application (APPP) Nos.146/2011 & 147/2011 Heard. For the reasons stated in the applications, the applications stand disposed of. JUDGE Gulande