IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3711 OF 2009 with CRIMINAL APPLICATION NO. 3712 OF 2009. Kumar Buwasaheb Ghavate ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... .Respondent. Mr.Sandeep S. Salunkhe, Adv. for the applicant. Ms.P.P.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 28th August, 2009. PC: This application are moved by the applicant-accused under section 438 of Criminal Procedure Code for his release in connection with offence under section 408 registered at Kurduwadi police station in CR No.12/09 which forms subject matter of Application No.3711/09 and a similar offence registered with Mhada police station in CR No. 4/09. In Criminal Application No.3711/09 alleged amount of misappropriation by the applicant is Rs.1,47,765/- whereas the amount allegedly misappropriated in Criminal Application No.3712/09 is Rs. 61,667/-. The misappropriation of the amount by the present applicant pertains to the year 1999-2004 when the applicant was working as gram sewak at Nimgaon. 2. In the submission of learned counsel for the applicant the investigation is complete and charge sheet has been filed. It is also submitted that with a view to show bonafides the applicant has already deposited the entire amount allegedly misappropriated by the applicant 1 with the investigating officer. The learned APP on instructions from the investigating officer confirms the fact of deposit of entire amount allegedly misappropriated by the applicant with the investigating officer. It is thus clear that no purpose would be served by refusing the prayer for bail. Having regard to the totality of facts and circumstances I allow the application and direct that the applicant-Kumar Buwasaheb Ghavate be released on executing personal bond in the sum of Rs. 10,000/- with one surety in the like in CR No. 12/09 for the offence punishable under section 408 of IPC registered with Kuruduwadi police station and further in the sum of Rs.10,000/- with one surety in the like amount in CR No.4/09 for the offence punishable under section 408 of IPC registered with Mhada police station. Applications stand disposed of. 28.8.2009. 2