1 BA-1921-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1921 OF 2011 mhi Mr. Ashok Laxman Sakapal ... Applicant vs. The State of Maharashtra ... Respondent Shri Abhishek Yende, Advocate, for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.19 of 2011 registered at Mahad Taluka Police Station, under Sections 408 and 409 read with Section 34 of IPC. 2. Prosecution case, in brief, is that the Central Government had floated a Water Supply Scheme for the villages and amount of Rs.6,10,065/- was sanctioned for the Village of Warangi. Some amount was contributed by the villagers. For execution of the work, a Committee of 13 persons was constituted. The applicant was Chairman of the Committee, while one Mohan Khambe was Secretary. A report was lodged by the Deputy Engineer that the work which was 2 BA-1921-11.sxw actually executed was worth Rs.4,19,532/- and amount of Rs.2,30,617/- was defalcated. The present applicant as a Chairman and Mohan Khambe as a Secretary could sign the cheques jointly. The account was to be maintained by Mohan Khambe as per the resolution passed by the Panchayat Samiti. Investigation is almost completed. The learned APP, on instructions, states that the Investigating Officer intends to reassess the value of the work as it is a contention of the accused persons that the assessment was not properly made by the Deputy Engineer. 3. The learned Counsel for the applicant states that before the Sessions Court, the present applicant and the accused No.2 – Mohan Khambe had offered to deposit amount of Rs.2,30,617/- just to show their bonafides though they had not defalcated the amount. The learned Counsel, on taking instructions, makes a statement that the applicant is willing to deposit Rs.1,25,000/- to show his bonafides even before his release. 4. Tang into consideration the facts and circumstances, the applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence subject to further condition that he shall deposit amount of Rs.1,25,000/- in the Court of J.M.F.C., 3 BA-1921-11.sxw Mahad, District Raigad, before his release. If the amount is so deposited, it shall be invested in fixed deposit with some Nationalized Bank and the amount shall be subject to the result of the case. (J.H.BHATIA,J.)