1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.67/2011 (Moh. Rafique @ Mujeeb s/o Haji Abdul Majid .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. J.A. Anthony, Advocate for applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 24, 2011 Heard. By the present application, the applicant apprehending an arrest in connection with Crime No. 18/2011 registered with Police Station, Kondhali, District -Nagpur for commission of offence under Section 379 of IPC, has prayed for ad-interim direction in terms of Section 438 of Cr.P.C. The applicant had made an application of similar nature before the Court of Session, however, the same was rejected by the Court of Session in view of inability of the applicant to produce copy of first information report and/or to inform crime number. The learned counsel for the applicant has urged that engagement ceremony is fixed in the family of the applicant. He urged that having regard to the same and having regard to the offence allegedly 2 committed by him, he may be protected for the time being till merits of the matter are determined after seeing the record of investigation to avoid unnecessary humiliation to him in event of ultimately it is found of himself being falsely implicated. It is urged that agreement annexed with the application reveals that he was appointed as a contractor for development and he was acting in pursuance of the said contract and as such there would not arise of any question of himself having committed any offence. In the said premises and considering the case of the applicant in the light 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, and particularly by considering the specific event as informed by the learned counsel for the applicant and considering the nature of accusation levelled and matters in agreement annexed, the applicant has made out a case for grant of ad-interim anticipatory bail. Hence the order : Inform the Investigating Officer of Crime No. 18/2011 of Police Station, Kondhali 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 8.3.2011 on furnishing a P.R. Bond in a sum of Rs.50,000/- with one surety in like amount and subject to the conditions that applicant : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am and 2.00 pm on every day. 3 (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Investigating Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. Issue notice to the non-applicant, returnable on 8.3.2011. Mr. D. P. Thakre, learned APP appears for the non-applicant by waiving notice. Hamdast allowed. Criminal Application (APPP) No. 223/2011 Heard. For the reasons stated in the application, the application is allowed. The application stands disposed of. JUDGE Gulande