Raj S/O. Anand Changre v. State Of Maharashtra Thr. P.S.O. P.S. Civil Line Akola

aba463of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) 463 OF 2018 (Raj Anand Changre..vs..State, thr PSO, PS Civil Line, Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.S. Londhe, counsel for applicant.

Shri S.S. Doifode, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE: 6 th July, 2018.

Heard.

Reply of the State is taken on record.

Paragraph 4 of the interim order dated 28.6.2018 reads thus:

"In the interregnum, the applicant shall not be arrested, subject to the following conditions. i) The applicant shall surrender the mobile and sim card which is referred to in the first information report and the connected papers on or before the 29.6.2018 to the Investigating Officer.

ii) The applicant undertakes not to dispute the said seizure or the ownership of the mobile and the sim card in any subsequent proceedings.

iii) The applicant shall cooperate with the Investigating Officer.

iv) It is made abundantly clear that the continuation of the interim protection shall depend entirely on the cooperation which may be extended by the applicant to the Investigating Officer and the material unearthed during the investigation."

Pursuant to the said order, the applicant has surrendered the mobile and sim card referred to in the First

aba463of18.odt 2 Information Report. The learned counsel for the applicant states that the applicant has cooperated with the Investigating Officer. This statement is not controverted. In view of the surrender of the mobile and the sim card, the custody of the applicant may not be necessary. Considering the accusations and the material on record, I am inclined to allow the application.

In the event of arrest in Crime M-276 of 2018, the applicant shall be released on furnishing personal bond of Rs. 15,000/- with a solvent surety of like amount. The applicant shall attend Police Station Civil Lines, Akola as and when required by the Investigating Officer.

The applicant shall not tamper with the evidence nor shall he attempt to influence the witnesses in any manner.

JUDGE RSB