IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 68 of 2010 Vijazy v. State of Maharashtra ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr S.P. Bhandarkar, Adv for applicant Mr S.B. Ahirkar, Adv for respdt Coram : A.P. Bhangale, J Dated : 8th February 2010 1. Applicant is apprehending his arrest in connection with accusations under Section 436 read with Sections 143, 147, 148, 149, 426 and 34 of the Indian Penal Code arising out of complaint lodged as Crime No. 314/2009 at Nandanwan Police Station, Nagpur. This Court had, pending reply by the learned Addl Public Prosecutor, considered the interim anticipatory bail for the applicant. According to learned APP, he is not arrested although interim anticipatory bail was granted in the event of his arrest. 2, It appears from the reply filed on behalf of the respondent-State that owner of the hotel Sachin Bar and Restaurant which was burnt to ashes on 12.11.2009, had lodged FIR which was recorded by the Investigating Officer and witnesses gave description of the offender describing the offender. Under these circumstances the Investigating Officer would certainly need to hol test identification parade in order to ensure that investigating shall be on proper line for to book real culprit. 3. Learned counsel for the applicant states that he will cooperate with the investigation. But in such case, as it is preferable to hold test identification parade in jail and not in Police Station, it is but necessary that for to cooperate investigation, the applicant will have to be in custody till test identification parade is held. Under these circumstances, following order is passed. 4. The applicant shall surrender before the Chief Judicial Magistrate, Nagpur or the learned Magistrate concerned entertaining prayer for remand in this case on or before 15th February 2010. The Investigating Officer may hold test identification parade within three days from the date and time of surrender of the applicant before the appropriate remand court concerned and after completion of investigation as against the applicant within three days from the date of his surrender to the judicial custody he shall be released upon executing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the equal amount provided further that after his release, the applicant shall attend Investigating Officer as and when necessary until charge-sheet is filed in the case and thereafter on each date of hearing in the trial Court. Applicant shall not commit any crime while on bail. Applicant shall inform his fixed address along with telephone/cell phone number to the Investigating Officer and shall communicate change therein, if any, in future. It is made clear that if the applicant failed to surrender before the remand court concerned on or before 15th February 2010 as permitted, the order for grant of bail as above shall stand vacated automatically. Application disposed of. True copy of order be supplied to learned APP. Judge. hsj