1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICLATION NO. 2202 OF 2009 1) Vaijnath Sambhaji Sadlapure and 4 others. - PETITIONERS VERSUS The State of Maharashtra - RESPONDENT ***** Mr.V.D.Gunale Adv.for Petitioners/Applicants; Mr.P.M.Shinde,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 22nd July, 2009. PER COURT : . Heard learned Counsel. Extensive submissions are made by the Counsel representing the accused/applicants in a matter of embezzlement of Government funds meant for conducting school, under the Governmental Schemes. The allegations are, there being no appointment of a staff for preparing cooked food to be served to the students, her salary was shown to have been withdrawn and hence defalcation of Rs.35,000/-. As the record indicated, Pramilabai Jagpethe was not at all working as a Cook for preparation of Khichadi item (mixture of pulses and rice). Then the 2 second accusation against the applicants is appointment of applicant no.4 – Salve, to be without any authorization and drawing the salary though there was no such approval. 2) At this stage of the matter, I am conscious investigation is in progress, but nothing new is to be recovered from the applicants/accused. They are permanent residents of village Phulwal, Tq. Kandhar, District Nanded. The applicant no.1 is president; applicant no.2 is Secretary; applicant no.3 is Head Master; applicant no.4 is teacher and applicant no.5 is Clerk. Though the Education Officer recorded that there was no regular appointment of a Cook and salary was withdrawn, however, there is statement of Pramilabai Jagpethe having received Rs.24,000/- by way of salary for the purposes of preparing cooked food to the students. The appointment of Vijayumar, has been dealt with by the concerned authorities and responded by the president, secretary and Headmaster. 3) Since the investigation is in progress, at this stage of the matter, it will not be proper to advert to about individual role of the applicants/accused, but the fact remains, the nature of the accusations levelled against them, does not warrant their custodial interrogation. The record apparently is with the authorities. In addition thereto, if requisite record is wanting, 3 necessary directions can be given. 4) Since there is allegation of embezzlement of Rs.35,000/-, it would be in the fitness of situation, the president – Vaijnath; Secretary – Basweshwar; Headmaster – Sambhaji shellout the amount of Rs.35,000/- with the concerned authorities. Hence, order - 5) In the event of arrest of the applicants, namely – 1) Vaijnath Sambhaji Sadlapure; 2) Basweshwar Nilkanth Mangnale; 3) Sambhaji Narayanrao Kandhare; 4) Vijaykumar Tulshiram Sabale; and 5) Digambar Daulaterao Raswate, in Crime No.59/2008 registered at Police Station Kandhar, the petitioners/applicants/accused be released on their furnishing PR bond and surety in the sum of Rs.10,000/- (Rupees ten thousand) each. 6) The applicant no.1 – Vaijnath Sambhaji Sadlapure; applicant no.2 – Basweshwar Nilkanth Mangnale; and applicant no. 3 – Sambhaji Narayanrao Kandhare, shall jointly deposit an amount of Rs.35,000/- (Rupees thirty five thousand) with the Education Officer, Zilla Parishad, Nanded. The said deposit shall be without prejudice to the rights of the applicants/accused, about their responsibility/liability. 7) The applicants/accused shall report the concerned police whenever they are required, and 4 preferably on every Sunday between 11.00 a.m to 5.00 p.m for a period of six months. The accused/applicants shall produce requisite records whenever so desired by the Investigator. Needless to add, the accused/applicants shall not tamper with the record. 8) The application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2202-09