IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO.1633 OF 2008 CRIMINAL APPLICATION NO.1633 OF 2008 CRIMINAL APPLICATION NO.1633 OF 2008 Narendra Hiralal Shrimali ..Applicant. V/s. The State of Maharashtra. ..Respondent. Mr V. V. Purwant, Advocate for the applicant. Mrs M. H. Mhatre, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 26.6.2008. DATED: 26.6.2008. DATED: 26.6.2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. This applicant is seeking anticipatory bail apprehending his arrest in C.R.No. I-39 of 2008 registered with Jawahar Police Station, Thane for the offences punishable under sections 409, 420, 465, 467, 468, 471 read with section 34 of Indian Penal Code on the basis of the complaint filed by Mr Ravindra Atmaram Sawant. 3. While considering application filed by the present applicant for anticipatory bail, the learned Additional Sessions Judge, Thane was pleased to reject the same by making following observations. "The xerox copies of the photographs of the road aare attached in the police papers, from which it appears that there was no road in existence as submitted by Mr More on behalf of the applicant. It is stated that the Sub-Engineers acted upon the report filed by the Contractor. In turn, the Deputy Engineer and, thereafter, the Executive Engineer also acted upon the same report and forwarded the bill for encashment. Though it was the duty of these Engineers to visit the site and to see whether the work of construction of road is completed, instead they forwarded the bills of the road which was never constructed by the contractor. These are very serious allegations against the applicant. Various types of documents are yet to be recovered. The custodial interrogation of the applicant is necessary." 6. The material available on record certainly implicates the present applicant which needs to be investigated. It is not that applicant has been falsely implicated. 7. In view of the above observations considering the serious offence of the misappropriation of public funds, causing substantial loss to the State, no case is made out to entertain this application. 8. For the reasons recorded herein as well as for the reasons recorded in the order by the learned Additional Sessions Judge, Thane in Bail Application No. 722 of 2008; while rejecting bail application, the present application stands rejected. 9. Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. JUDGE JUDGE JUDGE