1 Cri.A.3738.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3738 OF 2011 IN CRIMINAL APPEAL NO. 561 OF 2011 Gulab S/o Rekha Pawar, R/o Near Amba Hanuman, Ambajogai Road, Latur, District Latur ...APPLICANT VERSUS The State of Maharashtra ...RESPONDENT ... Smt. S.S.Jadhav,Advocate for Applicant Mr.B.J.Sonwane,A.P.P. for respondent-State. ... CORAM: U.D.SALVI, J. DATE : 17TH OCTOBER, 2011 PER COURT : 1. Heard. Perused the application and record. 2. The applicant/accused Gulab Pawar arrested in Crime No. 40 of 2011 dated 04.05.2011, under sections 406, 509, 468, 471 and 420 read with section 34 of the Indian Penal Code 1860, 2 Cri.A.3738.11 registered with Jalkot Police Station, Tq. Jalkot, District Latur, on 27.07.2011 has moved this application for his release on bail. 3. The Crime was registered following the complaint dated 04.05.2011 lodged by Shivaji Topaji Dhulsheety, Secretary, Village Water Supply and Sanitary Samiti of Village Jalkot, with Jalkot Police Station. Broadly, it can be stated, the grievance made was about making of false entries in measurement book maintained by the applicant/accused, contractor for construction of internal water supply scheme in collusion with officials of Maharashtra Jeevan Pradhikaran, Latur and the State being cheated and amount of Rs.26,04,139/-, exceeding value of the actual work done being paid to the applicant/accused- contractor/Proprietor “Balika Construction, Latur”, on the basis of such false documents. 3 Cri.A.3738.11 4. Smt. Jadhav, learned Advocate for the applicant/accused submitted that it is purely a case of dispute over the work done by the contractor - applicant/accused and the applicant/accused undertakes to make the good payment of the excess amount, if any, paid to him. She further submitted that the applicant/accused surrendered himself to the police on 27.07.2011 whereupon he was produced before the Magistrate and was remanded to Police custody, and on 29.07.2011, he was remanded to magisterial custody and thereby the applicant/accused made himself available to the police for the purpose of investigation in the present case. She further submitted that the applicant/accused shall co- operate to the investigation and has no intention to run away from law. On the other hand, she pointed out that co-accused officials of the Maharashtra Jeevan Pradhikaran have remained absconding and all relevant record are presently with the Police. 4 Cri.A.3738.11 5. Learned APP for the respondent-state fairly conceded to the fact that custodial interrogation in the present matter is over and there is no reason for not releasing the applicant/accused on bail. 6. It appears that the role of the accused in crime is documented and material documents are in the custody of the police. Investigation in the present case can therefore proceed effectively even if applicant/accused is released on conditional bail. The accused has stakes in the present case as well as the work he has undertaken by virtue of the work order received by him from the Village Water Supply and Sanitary Samiti at village Jalkot, and therefore, the applicant/accused is not likely to abscond. 7. Considering these facts and circumstances, the applicant/accused deserves bail. The applicant/accused shall be released on P.R. bond of Rs. 25,000/-(Rupees Fifteen Thousand) with one 5 Cri.A.3738.11 or more sureties in like amount subject to the following conditions: (i)shall co-operate with investigation. (ii) shall not tamper with evidence in any manner whatsoever. (iii)shall attend Jalkot Police Station Tq. Jalkot, District Latur as and when required. (iv) shall keep the police informed of his whereabouts from time to time. (v)shall keep the duly instructed Advocate present before the Court for conducting the appeal. . The Criminal Application stands disposed off accordingly. Sd/- [ U.D.SALVI J.] MTK 6 Cri.A.3738.11