1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3324/2009 AND CRIMINAL APPLICATION NO.3325/2009. (Madhukar s/o Nathaji Chavan Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Thombre, Advocate for the applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 8 th October,2009. 1. Heard learned Counsel for the applicant/accused and learned APP for State. 2. In Crime No.100/2009 and 84/2009, the accused/applicant, a Naib Tahsildar, seeks prearrest bail for the offences under Sections 406, 409 r/w 34 of IPC. 3. The primary reading of the report and the police papers indicate that the Tahsildar has appointed/nominated the accused/applicant to carry out inspection of the godowns, of which the godown Manager was one Mr. A.K. Pawar. It is informed, the accused/applicant in the capacity as Naib Tahsildar, failed to discharge his obligation. 4. In the inspection of godowns, caused by 2 the apex authority, it was found that some of food grains, meant for the poor beneficiaries, was embezzled, the Government was put to losses to the tune of lakhs of rupees. The storage was not accounted for properly. Lot of damage to the food grains was noticed. There cannot be a quarrel on the officials to maintain discharge of their duties in tune. 5. Considering the fact situation, it is more than clear, present accused/applicant was neither In-charge of the godown, nor could misappropriate the food grains and or he had any domain at any time, either in past or immediately on the date of his nomination. At the most, it is a case of dereliction in duty, for which departmental action is an avenue available to the superiors. Hence order. 6. In the event of arrest of the accused/applicant - Madhukar s/o Nathaji Chavan in Crime No.100/2009 registered at Pimpalner Police Station; and Crime No.84/2009 registered at City Beed Police Station, he be released on his furnishing PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand) in both the crimes independently till charge sheet. 3 7. The accused/applicant shall coordinate and cooperate with the Investigator and also with the Tahsildar by furnishing any record, if it is with him. 8. The accused/applicant shall attend the Investigator on last Sunday of every month between 10.00 a.m. to 5.00 p.m. for one year in both the Crimes. 9. Criminal Application disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3324.09