abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 312 OF 2008 Suresh Ganpatrao Kolekar .. Applicant V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Mr.V.V. Purwant for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested in connection with a crime registered with Mangalwedha Police Station, Pandharpur under C.R. No.72/2007 for the alleged offence punishable under sections 406, 408, 409, 464, 465, 475 and 477-A of the Indian Penal Code. 3. The applicant was working as a Tahsildar of Mangalwedha Tahsil from 6th September 2005 till 31st - 2 - January 2006 when he retired. According to the prosecution, the applicant issued two cheques, one for Rs.1,10,000/- on 31st October 2005 and another for Rs.2,20,000/- on 17th January 2006 in favour of Secretary, Sanjay Gandhi Niradhar Yojana, a government scheme for pension to the old persons. It is alleged that the said cheques were issued as bearer cheques instead of being issued as crossed cheques as required by rules. It is further alleged that because of this lapse, the cheques were fraudulently encashed and money has been misappropriated. Misappropriation is alleged to have been committed by Mr.P.R. Chitnis, an employee in the Tahsildar Office. 4. Bearer cheques were similarly issued even in the past by the previous Tahsildars. Counsel for the applicant submitted that the applicant merely followed the said practice of issuing bearer cheques. In any event, the allegation against the applicant appears to be of negligence rather than fraudulent misappropriation by himself. Other Tahsildars were also similarly charged and have been granted bail by this Court by various orders. For example, Ketan Keshavrao Sarvade has been granted bail by this Court on 30th January 2008 in Criminal Application No.26 of 2008. - 3 - 5. Taking into consideration these facts and also taking into consideration the fact that other Tahsildars, who were acting as Tahsildars in the previous period, have also been granted bail, the applicant is entitled to bail on parity as well as on the ground that his involvement appears to be of negligence rather than fraudulent misappropriation. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on executing personal bond of Rs.50,000/- with one surety in the like amount subject to the following conditions:- (a) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses. (b) The applicant shall not in any manner tamper with the prosecution evidence. (c) The applicant shall cooperate with the investigation and attend the concerned police station as and when specifically summoned. - 4 - (d) Within one week of his release, the applicant shall inform to the Mangalwedha Police Station as well as the Office of the State C.I.D., Pune his present residential address. The applicant shall not change his place of residence without prior intimation to the police. (D.G. KARNIK, J.)