1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No. (ABA) No.304/2011 Sau. Shashikalabai w/o Surbhan Jadhav Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 21/09/2011. Heard Mr. M. P. Suryawanshi, learned counsel for the applicant and Mr. N. R.Rode, learned APP for the respondent. The applicant, who apprehends his arrest in Pusad (Rural) Police Station Crime No. 72/2011 registered for offence punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code has filed the present application for anticipatory bail. The allegation in the complaint lodged by the Block Development Officer is that the funds allotted to the village Panchayat Katkheda, Tahsil Pusad, District Yavatmal during period of 2005 to 2007 were misappropriated by Sarpanch of village Panchayat (present applicant), Junior Engineer (Shivling Dubekwad) and Gram Sewak (Sudarshan Shinde). It is seen that detail inquiry was conducted by the Chief Executive Officer, Zills Parishad, Yavatmal and liability of Rs. One lakh was saddled on Sudarshan 2 Shinde, Gramsewak and the liability of Rs. 89,106/- was fixed on Shivling Tubukwar, who is Junior Engineer. The said amounts have been recovered from both the above persons from their salary and on account of that, anticipatory bail has been granted to both of them. It is seen that an amount of Rs. 1,09,707/- has been fixed as liability of the present applicant. However, the present applicant has not paid the said amount. The present applicant being Ex-Sarpanch, the amount could not be recovered from her. However, without prejudice to her rights the applicant can be directed to deposit the said amount fixed as her liability. Since two other co-accused are on bail, no purpose will be served by detaining the applicant in custody and she can be granted anticipatory bail upon condition of depositing the amount fixed against her before the Panchayat Samit, Pusad and other appropriate conditions. In the result, the application is allowed. In the event of arrest of the applicant in Pusad (Rural) Police Station in Crime No. 72/2011 registered for offence punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code the applicant shall be released on bail upon execution of personal recognition bond in the sum of Rs. 15,000/- (Rs. Fifteen thousand only) with one solvent surety in the like amount under the following conditions:- (i) Without prejudice to the rights and liabilities of 3 the parties, the applicant, within a period of three months from today, shall deposit the amount of Rs. 1,09,707/- with the Panchyayat Samiti, Pusad. The said amount shall be deposited in a fixed deposit in any Nationalised Bank of the choice of the applicant, initially for the period of one year, which will be renewed from time to time till the final disposal of the case arising out of the present crime. (ii) The applicant shall not tamper with the prosecution evidence. (iii) The applicant shall not leave India without previous permission of the Court. Application stands disposed of accordingly. Hamdast is allowed. JUDGE Ambulkar.