1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO. 39/2011 (Shankarrao Tatobaji Satkar and one .vs. State of Mah. through PSO PS Sewagram, Distt. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Rajnish Vyas, advocate for Applicants. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 23, 2011 Heard. For the reasons recorded in the order dated 10.2.2011, the ad-interim direction in terms of Section 438 of Cr.P.C. was passed in favour of the applicants in connection with the arrest apprehended by them in respect of Crime No. 21/2011 registered by Sewagram Police Station for offence under Sections 353 and 395 of IPC. While giving the said direction, certain conditions were imposed to ensure that giving of such a direction does not hamper the investigation in the said crime. The learned APP after taking instructions from the investigating officer Mr. R.D. Kunghadkar PSI present in the Court, was not able to refute the statement made by the learned counsel for the applicants of having abided the conditions imposed while giving the said 2 direction. The reasons mentioned in the said order clearly revealed that hardly there was any material with the prosecution on 10.2.2011 while passing the said order connecting the applicants as being the persons named in the said FIR. The said position does not seem to have been altered even after passage of period of 15 days more. Having regard to the same, it is difficult to perceive any legitimate request for custodial interrogation of the applicants being necessary. In view of the same, the ad-interim direction given deserves to be confirmed in the light 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. However, having regard to the grievance tried to be made by the learned APP of the applicants having not seen the Investigating Officer, certain modification will be required to be made regarding the conditions imposed. In view of the same, the direction given on 10.2.2011 is hereby confirmed on same terms and conditions except with modification that now the applicant will attend the I.O. on every Monday until filing of the charge sheet and so also on any other day if specifically summoned. Rest of the conditions imposed by the said order stand unmodified. The application stands disposed of. JUDGE halwai