1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3103 of 2009 Nitin v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.A. Jaiswal, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 7th September 2009 1. Heard learned counsel for the applicant and learned Additional Public Prosecutor for State. Applicant, apprehending his arrest in Crime No. 94/2009 registered with Police Station, Gadchandur under Sections 325, 443, 506 and 504 of the Indian Penal Code read with section 135 of the Bombay Police Act, has filed present application. 2. Learned counsel for applicant submits that applicant’s custody is sought for the purpose of recovery of “stick”. According to him, stick is not a lethal weapon and does not fall within ambit of “any instrument”. He placed reliance on the judgment of this Court in Jagannath Narayan and ors v. State of Maharashtra (1995 Cri.L.J. 795). Judgment in Jagannath’s case was delivered by this Court in an appeal by accused after his conviction by the sessions court. Hence, at this stage, ratio laid down in 2 the said judgment is not applicable to applicant’s case herein. 3. There is material on record prima facie indicating that applicant was one of the assailants and he used stick in commission of crime. It is also borne out that applicant and others were intending to throw body of complainant on railway track. Custodial interrogation of the applicant is, therefore, necessary. At this stage, Mr Jaiswal submits that applicant would be ready to remain inside for three days to enable Investigating Officer to complete investigation and thereafter, he may be directed to be released on bail. He undertakes that applicant would abide by all the terms and conditions to be imposed by this Honourable Court in that event. Looking to the nature of allegations in this case against the applicant, prayer made on behalf of applicant can be accepted. Hence, the following order. 4. Applicant shall surrender before the Investigating Officer for three days within a period of one week from today. Investigating Officer shall complete interrogation with applicant within three days from the date and time of his surrender. After the period of three days is over, applicant be released on bail upon furnishing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. Applicant shall make himself available to the Investigating Officer as and when required and shall not tamper with prosecution evidence in any manner. After charge-sheet is filed, applicant shall regularly attend the trial Court on each date of hearing. Applicant shall leave his permanent residential address with telephone/cell phone number with Investigating Officer and shall communicate change, if any therein, in future. Liberty to the prosecution 3 to apply for cancellation of bail if violation of any of the aforesaid conditions is noticed. Application stands disposed of accordingly. Hamdast. Judge. hsj