1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3126 OF 2009 Ulhasrao S/o Rambhau Tawlare Versus State of Maharashtra and another *** Mr. P. B. Patil, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 23rd SEPTEMBER, 2009. 1. Heard. The accused/ applicant appointed as a Cotton Grader has allegedly purchased wet cotton and cotton with excessive moist, during his period as such, causing approximate misappropriation of Rs. 10,43,700/-, including loss to the federation, is seeking pre-arrest bail. 2. Mr. Patil criticised the conduct of federation, stating that there was no supply of moisture meter. The permissible limits pursuant to the circular were scrupulously adhered and there is no personal gain occasioned by the accused. Non-lifting of the cotton 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. has its ramifications in deterioration thereof which cannot be said to be attributed by the accused. 3. The submissions of learned counsel are contrary to the record produced by the prosecution. By letter dated 3rd August, 2009 the competent authorities have informed that there was already supply of Moisture Meter to the accused/ applicant for the factory G. B. & Sons at Dharangaon wherein the accused started purchasing from 22nd December, 2008. The second contention that it was not lifted in time, is again erroneous as in a surprise check dated 15th December, 2008 at G.B. Ginning Pressing it was found that the accused has purchased totally moist and wet cotton for which he was served with a show cause notice dated 16th December, 2008. There was no change in the behaviour and purchase pattern of the accused. The accused deliberately derelicted in his functions as such causing losses to the federation for his personal gain. Custodial interrogation will 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. provide the clue and his associates and also about the recovery of the amount, if any. No bail. Application rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:23/09/2009. ans/3126