1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2983 OF 2010 Sanjay Haribhau Waghmare, Age-31 years, Occu-Service (Gramsevak) R/o.Mandavgan, Tq.Shrigonda, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, and another RESPONDENTS Mr.Amol Gandhi, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/08/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail, in the event of his arrest in connection with CR No.119/2009, registered in Taluka Police Station, Ahmednagar. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the said offence is registered on the complaint of one Nana Shinde, Village Development Officer, who had conducted 2 an inquiry of the transactions in respect of various schemes of Government for construction, repairing of internal roads of village Valki. It is alleged that the applicant alongwith other members of the Committee like Sarpanch and others, during the period of 31/05/2005 to 09/01/2006 and 30/06/2007 to 19/09/2008, have mis- appropriated the amount in the sum of Rs. 6,65,346/-. It appears that the said inquiry was conducted on the complaint of some of the villagers of Valki, wherein it further appears that certain funds were received by the Gram Panchayat, for the construction of internal road as well as repairs of Anganwadi. It is alleged that there was mis-appropriation of Rs.6,65,346/- at the hands of present applicant while of Rs.87,928/- at the hands of another Gramsevak by name Shaikh B.C. 4. By pointing out the common order passed by this Court on 18/02/2010, in Criminal Application No.562/2010, 563/2010, 564/2010 and 626/2010, which applications were filed by the other members of the Committee, it is urged that on the ground of parity also, this applicant is entitled for the relief of anticipatory bail. On the basis of observations of this Court, particularly in para no.6, which read as follows : The nature of entire accusation is vague. In cases u/s. 409 of The IPC, it is imperative to point out that what were the funds which were entrusted to the accused and for exactly what purpose. It also requires to point out that from the funds entrusted to the accused, they have utilized 3 certain amount for a particular work and engulfed the remaining amount. In the instant case, no doubt, funds were entrusted to the accused, however how the valuation of the work carried out by the accused is done is not on record viz, as to whether any expert was appointed for carrying out the valuation, the entire complaint and even the report is silent in this respect. Cases of mis- appropriation can not be filed on the basis of vague inquiry and the same has to be filed on specific report in respect of funds entrusted, utilized and difference if any on the basis of verification by expert. Merely some complaint was filed and some inquiry is shown to be carried out and some valuation appears to be arrived at, can not be said to be the proper procedure in such cases. In the premise, and in view of vague report, case is made out to exercise discretion, which in cases of mis- appropriation is seldom exercised. 5. It is a matter of record as observed in para no.6 of the common order which I have reproduced supra. Even thereafter, till today, no attempts were made to bring on record the specification about the valuation carried out by the Committee who has allegedly carried out inquiry in respect of mis-appropriation at the hands of present applicant. 6. In the result, the application is allowed. Applicant be released 4 on bail, in the event of his arrest in connection with CR No.119/2009, registered in Taluka Police Station, Ahmednagar, on his furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. Applicant to co-operate with the Investigation Agency and and to hand over all the documents and record, if not already handed over to the Investigation Agency, and the Investigation Agency to give acknowledgment about the documents received from the applicant. This protection is granted till filing of the charge sheet. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri-appl-2983-10