1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4516 OF 2009 Dhondu Maharu Patil ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.V.Kotwal i/b. Mr.S.S. Bhandary for the Applicant. Mrs.M.R. Tidake, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 19, 2009 P.C. :- 1 The applicant was granted interim protection by order dated 8th October, 2009 and pursuant to the direction given to the applicant, he has reported to the police once in a week on every Saturday. 2 The allegation against the present applicant is that he is a Headmaster of one Jagruti 2 Vidhyalay at Bhandup. According to the prosecution, the applicant included the names of the two teachers in the Salary Bills of the staff of the school which were submitted to the Government and accordingly, grant was given by the State Government on the basis of the said Bills. The case of the prosecution is that these two teachers had actually resigned and their resignation was accepted whereas according to the present applicant, the resignation of another teacher was accepted from 1.5.2008 and no salary was drawn after the teachers ceased to work in the said institution. 2 The learned APP had taken time to take instructions and verify this fact. The learned APP, however, submits that since register was not available, this fact could not be ascertained. 3 Counsel for the applicant states that without prejudice to his rights and contentions, he has deposited the entire amount which is allegedly 3 siphoned off by the applicant. 4 In my view, since the applicant is working as a Headmaster and he has deposited the sum which is allegedly siphoned off by him and there is no concrete material to indicate that fictitious and bogus bills were submitted by the applicant, the applicant s custodial interrogation, in my view, is not required. 5 The applicant, therefore, in the event of his arrest in C.R.No.222/2009 registered with Bhandup Police Station for the offence punishable under Section 409 of the IPC, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station on every Saturday till the filing of the charge sheet and thereafter, once in a month. 6 The application is disposed of. (V.M. KANADE, J.)