1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 370/2011 Anilkumar Bhaskarrao Tikar..vs..State of Maharashtra, thr. PSO PS Hiwarkhed, Tq. Telhara, Dist. Akola Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Aniruddha Choube, Advocate for applicant. Mr. M. J. Khan, A.P.P. for non applicant-State CORAM : M.N. GILANI, J. DATED : DECEMBER 9, 2011. 1. Heard learned counsel for both the sides. 2. This is an application for grant of anticipatory bail in favour of the applicant in Crime No. 69/2011 registered with Police Station, Hiwarkhed, Tq. Telhara, Dist. Akola for an offence punishable under Sections 409, 418, 420, 427 of the Indian Penal Code and Section 136 (A), 138 of the Indian Electricity Act. 3. On the basis of the report lodged by Anilkumar Kisanrao Karode, Asstt. Engineer, MSEDCL, Telhara, the aforesaid offence came to be registered. It is alleged that after a news-item was published in the newspaper on 12.01.2011 about corruption in the matter of supplying the electricity to the motor-pumps installed on the wells by agriculturists, an enquiry was conducted. It is the case of the prosecution that for supplying electricity connection, the accused obtained bribe from various cultivators and also used old materials to install the electricity lines. 2 4. All these allegations have been refuted by the accused in his application as well as in the counter affidavit. His defence in nutshell is that he is not the lone employee of the Company who is responsible for installing the electricity lines, using the materials, sanctioning the connections, etc. 5. It is pertinent to note that the period of alleged misconduct by the accused is from January-2005 to 2011. This itself raises a doubt as to whether the accused alone was having rights or responsible for sanctioning the electricity connections, installing the electricity lines and also using old materials. It is not understandable as to how there was no audit or supervision of the work of the Company during such a prolonged period from the year 2005 to 2011. It appears that the enquiry was only initiated after publication of the news-item on 12.01.2011 i.e. about one year back. Other surprising factor is that it took 10 months for the Company to lodge a report after news-item was published. Even assuming that the allegations levelled against the accused bear some substance, exercising discretion under Section 438 would not hamper further investigation. 6. In that light of the matter, the application is allowed. In the event of arrest of the applicant in Crime No. 69/2011 registered with Police Station, Hiwarkhed, Tq. Telhara, Dist. Akola for an offence punishable under Sections 409, 418, 420, 427 of the Indian Penal Code and Sections 3 136 (A), 138 of the Indian Electricity Act, he be released on his executing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. The applicant is directed to appear before the Investigating Officer for a period of one month on every alternate day from 10.00 a.m. to 2.00 p.m. commencing from 12.12.2011. JUDGE kahale