FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1990 OF 2009 (Sirajuddin s/o Kazimoddin Ansari vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., for the applicant. Mr. P.M.Shinde, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard the Counsel extensively. 2. In reply to the contention of learned A.P.P., additional affidavit of the accused/applicant is tendered to show that the amounts alleged disbursed to the recipient for the grants was in cash and not by demand draft as was argued on the last date. 3. In a systematic plan fetched by few of the officials, an amount of Rs.23,90,000/- showing its payment to the respective institutions, is misappropriated. The said school personnel have independently in their respective statements denied having received the amounts as shown to be paid to them. On the contrary, it is stated by Deelip Rakh) that it was the accused applicant who has obtained his signatures on blank receipts along with the agreement. At this stage of the matter, without commenting to the absence of the accused/applicant on 5th Jan.,2008, when allegedly the amount of Rs.44,90,000/- was withdrawn from the State Bank of Hyderabad, the discretion under Section 438 of Cr.P.C. cannot be extended to the accused/applicant. Application rejected. Interim relief vacated. . The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE agp/crapln1990-09