{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1295 OF 2010 Arjun s/o Kashinath Pawar Age-55 years, Occ-Government Service R/o Dhande Galli, Beed Tq & Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhave, Advocate for applicant Mr. B.V.Wagh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 3 rd May 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.100/2009 registered with Pimpalner police station, Dist-Beed for an offence punishable u/s 406 and 409 r/w 34 of the Indian Penal Code. 2. It is alleged that the applicant has misappropriated the food grains stored in Government Godoown at Pimpalner. The applicant is surrendered and arrested on 10th December 2009 and {2} since then the applicant is in jail. 3. This is second attempt of the applicant to seek bail after his earlier application was rejected, contending change in circumstances. It is contended that now, after completion of the investigation, charge sheet has been filed in the Court of learned Chief Judicial Magistrate, Beed on 9th February 2010. 4. Admittedly, the applicant was holding additional charge, as godoown keeper at Pimpalner of which stock was verified on 26.08.2009. During the said verification of stock, certain shortage of food grains was noticed by the District Supply Officer and hence the complaint was lodged. 5. It appears that all the relevant registers / documents were seized from the godoown itself. The entire case of the prosecution rests on documentary evidence, which is admittedly in the custody of the investigation officer and hence there is very little scope for oral evidence to be lead at the time of trial. In the premise, as now the investigation is over and considering the huge pendencey of criminal cases on the file of learned Chief Judicial Magistrate, Beed, it is not desirable to keep the applicant behind the bars for an uncertain period. In view of this, case is made out to enlarge the applicant on bail, however, on certain conditions. 6. In the result, the application is allowed. The applicant be {3} released on bail, in connection with CR No.100/2009 registered with Pimpalner police station, Dist-Beed, on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bonds in the like amount. The applicant is directed not to leave the Beed district till completion of the trial, without previous permission of the IO concerned or learned CJM, Beed. The applicant is also directed not to contact or tamper with the prosecution witnesses. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1295-10