1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2770 OF 2010 Anil Tarachand More Age : 38 years, Occ : Service (Gram Sevak), R/o Hadsune, Tal. Dhule Dist. Dhule ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. A.S. Sawant, advocate for applicant. Mrs. B.R. Khekale, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. By this application, the applicant seeks directions under Section 438 of the Criminal Procedure Code. 2. The applicant is the Secretary of the Water Supply scheme, which was to be operated, he being Gram Sevak of the village and Ex-Officio Secretary in the context of the said scheme. 3. It appears that F.I.R. was lodged by Branch Engineer of Rural Water Supply Department of the Panchayat Samiti, Dhule alleging that though the amount of Rs.18,79,000/- was made over to the Committee yet the work valued only Rs.13,53,416/- were 2 executed. Though it was expected that an amount of Rs.5,26,041/- was required to be in the account of the Committee yet an amount of Rs.1,309/- was found in the account. The report of expert was called in this matter. It appears that the expenditure required for laying down the electricity line and the arrangement which is required to be made for electricity are not considered while evaluating the work done by the Committee. The applicant has placed on record the copy of the receipt and copy of the account extract of Dhule District Central Co-operative Bank Ltd. It appears that the payment of Rs.6,00,000/- was given to the electric contractor by name A.B. Nyalase. Considering the avernments made in the application and the relevant documents, it prima facie appears that the applicant is likely to be humiliated in the event of his arrest. 4. In the result, the application is allowed. The applicant is directed to be released on bail, in the event of arrest, on furnishing Bail Bond of Rs.20,000/- before the Arresting Officer. The protection granted will be available only till filing of the charge sheet or the final report under Section 173 of the Criminal Procedure Code as the case may be. The applicant shall attend the concerned Police Station on each Sunday till submission of the charge sheet or final report for four (4) consecutive Sundays 3 hereafter, whichever is earlier in between 10 a.m. to 2 p.m. and shall co-operate with investigation Officer. (V.R.KINGAONKAR) JUDGE gas/cri2770.10