- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5527 OF 2009 Pravin S. Bavdane & Ors. ... Applicants Vs. The State of Maharashtra ... Respondent Mr. A. P. Mundargi, Sr. counsel i/b Nitin Sejpal, P. Bhojane, for the applicants. Mrs. M. R. Tidake, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th DECEMBER, 2009 P.C.: 1. Heard the learned senior counsel for the applicants and the learned APP for the State. The applicants were arrested in connection with the offences punishable under section 420, 465, 468, 471 read with section 34 of the I.P. Code, which is registered vide C. R. No.1-73 of 2009 with C.B.D. Navi Mumbai, Police Station. 2. The applicants are supervisors and working with a firm known as M/s. Bhise & Co. The said firm was carrying on the business of providing labourers, vehicles and machinery to the Navi Mumbai Municipal Corporation. It is alleged by the prosecution that a Corporator of Navi Mumbai, Municipal Corporation namely one Mr. Manohar Madhavi conspired with Mr. Hanmantrao Bhise, who is proprietor of M/s. Bhise & Co., has asked him to tender inflated bills and in that process misappropriated the Corporation money to the tune of Rs.1,10,14,580/-. It is alleged that the present applicants - 2 - are working as supervisors in the said firm of M/s. Bhise & Co. and they have prepared the challans, which were tendered to the Corporation on the basis of which money was paid by the Corporation to the said Proprietor Hanmantrao Bhise. During the course of audit, which was carried out by the Corporation it was transpired that M/s. Bhise & Co. has cheated the Corporation by over-charging bills of Rs.2,69,12,282/-. In further investigation it is now transpired that the total amount which was misappropriated in this process is more than Rs.2,67,00,000/-. The learned senior counsel for the applicants submitted that the applicants are working as supervisors in the said firm M/s. Bhise & Co. and they had, pursuant to the directions given by the proprietor Hanmantrao Bhise, prepared those challans. He submitted that it is not alleged that applicants had received any amount which was allegedly misappropriated by Hanmantrao Bhise, and Manohar Madhavi who was the councilor of the said Corporation. It is submitted that main accused namely Hanmantrao Bhise and Manohar Madhavi, have been released on bail. It is submitted that all other accused namely the officers of the Navi Mumbai Municipal Corporation have also been released on bail. He submitted that therefore on the ground of parity also the applicants are entitled to be released on bail. The learned APP appearing for the State on the other hand submitted that it is alleged that the present applicant had prepared the said inflated challans and have signed them. She has therefore, submitted that the applicants have played major role in the commission of the said offence. She invited my attention to the police report, and to the challans, some of which were signed by the applicants. She also invited my attention to the statement of the witnesses who have described the role played by the present applicants in preparing the - 3 - said challans. 3. After having heard the senior counsel for the applicants and the learned APP for the State, it appears that since the applicants who are working as supervisors and there is no allegation that they have received the part of the amount misappropriated from the corporation, their continued detention as the undertrial prisoners is not necessary, particularly because the other main accused have been granted bail by the Sessions Court. As of today no application has been filed by the State challenging the order of the Sessions Court, granting the bail to the main accused namely Hanmantrao Bhise and Mr. Manohar Madhvi. Under these circumstances, in my view since the charge sheet is filed and investigation is over, applicants are entitled to be released on bail. 4. The applicants be released on their furnishing P.R. Bond in the sum of Rs.3,000/- each with one or two sureties in the like amount. 5. The applicants shall report to the concerned police station once in a month and as and when called by the police. Sd/- [V.M. KANADE, J.]