1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Appeal No.3444 of 2008 (Shri Nagobaji s/o Babanna Pachare and another v. State of Maharashtra, through its PSO, PS Arvi, Tah. Arvi, Distt. Wardha) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Rajnish Vyas, Advocate for Applicants. APP for R- 1. Shri D.S. Dharaskar, Advocate for R- 2. CORAM : R.C. Chavan, J. DATE : 23rd October, 2008 This is an application under Section 438 of the Code of Criminal Procedure for being admitted to bail in the event of arrest for commission of offences punishable under Sections 3 and 4 of Dowry Prohibition Act. The application is opposed by the State as well as the original reporter of the crime on the ground, among others, that a sum of Rs.65,000/- has been given in dowry to the applicants along with gold ring, etc. The learned counsel for the applicants states that the applicants will deposit a sum of Rs.65,000/- with the Judicial Magistrate First Class, Arvi, District Wardha by 13-11-2008 and that he will co-operate in the investigation. Considering the nature of allegations, in view of the undertaking of the applicants to deposit a sum of Rs.65,000/-, which was allegedly taken 2 in dowry, the custodial interrogation of the applicants may not be necessary. Hence, the following order is passed. The application is allowed. In the event of arrest of the applicants for offence punishable under Sections 3 and 4 of Dowry Prohibition Act registered vide Crime No.3091 of 2008, the applicants be released on bail on each of them furnishing a PR bond of Rs.25,000/- with a solvent surety in the like amount on their depositing a sum of Rs.65,000/- with the learned Judicial Magistrate First Class, Arvi, by 13-10-2008. The learned Magistrate shall deposit the said amount with the local Branch of State Bank of India so that it yields maximum interest. The amount shall be dealt with by the learned Magistrate as property at the end of the trial, if any, or while considering the final report. The applicants shall make themselves available to the investigating machinery as and when required. JUDGE Lanjewar