1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2547 of 2009 Madan 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 R.R. Vyas, Adv for applicant Ms S. Wandile, APP for R-State Coram: A.P. Bhangale, J Dated : 31st August 2009 1. Heard learned counsel for the parties. Applicant is seeking anticipatory bail in Crime No. 59/2009 registered with Police Station, Patur, District Akola under Sections 409, 420, 465, 467, 468, 471, 474, 477, 477A, 406 read with Sections 34, 35 and 120B of the Indian Penal Code. 2. Learned counsel for the applicant submits that it could at the most be said that applicant indulged into dereliction of duty and he cannot be even prima facie held responsible for misappropriation of Government funds. 3. As against this, learned Additional Public Prosecutor submits that being Deputy Engineer at the relevant time, it was the responsibility of applicant to visit spot and verify whether work was properly done or not, but he did not do so. This fact, according to learned APP, is revealed from visit diary maintained by the present applicant. Learned APP submits that 2 applicant is equally responsible for difference of the amount of Rs. 2,07,355/- and if at all bail is to be granted, condition of proportionate deposit be made in this case also. Learned counsel for applicant submits that applicant will not be able to make deposit even part of alleged misappropriated amount and that condition may be relaxed in his case. Submission cannot be accepted since monetary loss pending prosecution will have to be safeguarded. 4. Interim anticipatory bail granted to the applicant vide order dated 9.7.2009 is hereby confirmed. In addition to the conditions already imposed on the applicant, applicant is directed to deposit a sum of Rs. 70,000/- in the Sessions Court concerned within one month from today. Upon deposit, Sessions Court concerned is directed to invest the said amount with any nationalised bank in a fixed deposit, initially for a period of two years, renewable depending upon the pendency of prosecution. If condition of deposit is not complied with within a stipulated period, present order shall stand automatically cancelled. Application stands disposed of accordingly. Hamdast. Judge. hsj