1 criapln1902-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1902 OF 2011 1] Rajabhau s/o Nivarti Malkar 2] Sow.Sharda w/o Suhas Kate .. APPLICANTS Vs 1] The State of Maha. .. RESPONDENT ... Shri V.D.Salunke,Adv. for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 20/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.33/2011 registered at Siradhon police station, Tq. Kallam, Dist.Osmanabad, for offences punishable under Sections 406 409 r.w. 34 of I.P.C. Papers of investigation were made available by A.P.P. Applicants have produced some papers, like accounts books, audit report, copy of F.I.R. etc. Both sides are heard. 2 criapln1902-11 2] Crime is registered on the basis of report filed by Sectional Engineer of State Government, who was supervising the work of Jalswarajya scheme of village Hingangaon, tahsil Kallam, Dist.Osmanabad. Report shows that there were 2 projects. Valuation of the first project was Rs.3,18,950/- and valuation of the second project was Rs.23,21,225/-. Measurement of the work was done by the office of the Engineer. The amount which was available for the scheme is also considered in the report and in respect of 2 schemes, it is said that the amount of Rs.2,25,010/- is not accounted. It is mentioned that orally and in writing, the applicants were directed to deposit the amount, but the amount is not yet deposited. Applicant no. 1 was the Chairman of the scheme and applicant no.2 was the Secretary. 3] Advocate for applicants submitted that these applicants were incharge of the scheme for the period from 16/8/2006 to 21/8/2008 and prior to them, there was other committee. It was submitted that after 21/8/08, also there was third committee and so liability, if at all, is to be fixed, needs to be apportioned accordingly. At this stage, this submission cannot be considered as there are allegations only against applicants made in the report. Copies of some proceedings book of the committee of the said scheme are produced but unfortunately, there is nothing in respect of disbursement of the amount made by 3 criapln1902-11 respective committees. In view of the circumstances and as there is specific allegation against present applicants made by the Engineer, when this Court made query to the advocate of the applicants as to whether applicants are ready to deposit the amount shown against them i.e. Rs.2,25,010/-, advocate submitted that he will have to take instructions from the applicants. Interim relief is already granted in favour of the applicants and the applications cannot be kept pending only to hear the say of the applicants in this regard. 4] In view of the aforesaid circumstances and as there is possibility of irregularities, anticipatory bail can be granted to them, subject to condition that each of them deposits 50% of the aforesaid amount, within 7 days from today. So, ad-interim relief given by this Court is confirmed, subject to condition that each of the applicants, is to deposit 50% of the amount of Rs.2,25,010/- in the account of the said scheme, on or before 27th June 2011. If the amount is not deposited, it will be presumed that the application is rejected. Applicants shall further cooperate the investigating agency, by attending police station as and when called. The deposit of the amount is subject to the rights of the parties, without prejudice to the case of the present applicants. [T.V.NALAWADE,J.] umg/criapln1902-11 4 criapln1902-11