IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR COMMON ORDER CRIMINAL APPLICATION NO.3285/2008[Abdul Bashir ..vs.. State] CRIMINAL APPLICATION NO.3286/2008[Abdul Bashir ..vs.. State] CRIMINAL APPLICATION NO.3190/2008[Dinkar Bhosrekar ..vs.. State] CRIMINAL APPLICATION NO.3191/2008[Domlar Bohsrekar..vs.. State] = = = = = = = = = = = = = = = = = = = = = = = = = = Mr. V.M. Deshpande Advocate for applicant in Cri. Application No.3190/08 & 3190/08 Mr. M.A. Hussain, Advocate for applicant in Cri. Application No.3285/08 & 3286/08 Mr. T.B. Mirza, A.P.P. for state in all applications. = = = = = = = = = = = = = = = = = = = = = = = = = = CORAM:R.C. CHAVAN, J. DATE: 20.11.2008 Heard learned counsel for the applicants as well as learned A.P.P. for state. Applicants are Deputy Engineer and his subordinate who are alleged to have misappropriated a total sum of about Rs.8,00,000/- in two crimes from the Employment Guarantee Scheme. The learned counsel for the two applicants state that their clients have not done any such thing, but in order to show their bonafides, each of them would deposit a sum of Rs.1,00,000/- within one week and another sum of Rs.1,15,000/- each within a fortnight thereafter. They will also furnish security to secure the balance of the amount that is alleged to have been defalcated by them. In view of this, their custodial interrogation may not be necessary. The offence comprises of misappropriation of about which sufficient documentary evidence must be available and the learned counsel for the applicants state that their clients would cooperate with the police in providing whatsoever information the police required. In view of this the following order is passed: ORDER In the event of their arrest, the applicants be released, in each of the relevant crimes, on P.R. in sum of Rs.25,000/- each, with one solvent surety each in the like amount, on the condition that they shall deposit Rs.1,00,000/- with the Chief Judicial Magistrate, Amravati by 1.12.2008 and remaining Rs.1,15,000/- by 15.12.2008. Learned Chief Judicial Magistrate, Amravati shall invest this amount in State Bank of India, Amravati, so as to fetch maximum interest. This amount shall be treated as property in the case and shall be deal with by the Magistrate at the end of the trial. Both the applicants shall furnish security in the sum of Rs.2,25,000/- each to secure the balance of the amount which they have alleged to have misappropriated. Security should be furnished by 15.12.2008 before the Chief Judicial Magistrate, Amravati. Both the applicants shall make themselves available for interrogation before the Investigating Officer on 24.11.2008 at 10.00 a.m. in Crime No.78/2008 and on 26.11.2008 in at 10.00 a.m. in Crime No. 50/2008. Applications stand disposed of. Hamdast allowed. Registry to e-mail this order to the Chief Judicial Magistrate, Amravati, so that he could act upon the same. JUDGE smp.