1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2982 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 is before this Court to seek the relief of anticipatory bail, in the event of his arrest in connection with CR No.136/2009, 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 came to be registered on the complaint of one Ganikhan Sardarkhan Singal, working as Sectional 2 Engineer with Village Water Supply, Z.P., Sub Division, Ahmednagar dated 02/09/2009, wherein it is alleged that under the scheme of Bharat Nirman Yojana, one scheme was introduced for supply of water to village Walki and other surrounding villages coming under the jurisdiction of village Walki, of which one Rangnath Godhaji Nimse was elected as a President, while the present applicant, who was Village Development Officer was appointed as a Secretary. An account was opened in Nagar District Central Co-operative Bank, bearing account no.9284. The present applicant and the President Rangnath Nimse were appointed as authorized signatory to operate the said bank account in relation with the funds received for the implementation of the scheme and for the expenses of the said scheme. It is further alleged that the scheme was divided in two parts. First part relates to the supply of water to the area known as Jalwadi, Kasarwadi, Amraiwadi, Supekarwadi, Matang Vasti, of which the estimated expenditure costs was Rs.68,78,889/- The second work was about water supply through pipeline to the area known as Dhondewadi, Dhangarwadi, Navin Balika Bholenath Wadi, Handar Mala, Yenar Male, Bari vasti of which estimated expenditure costs was Rs.74,98,951/- It is alleged that as per the written order dated 22/02/2008, on 01/03/2008, an amount in the sum of Rs. 27,85,950/- was deposited towards first part of the scheme and Rs. 30,37,075/- was deposited for the second part. The total amount of deposit was Rs.58,23,025/-. So far as contribution collected from the public funds is concerned, it was in the sum of Rs.7,66,000/- The total amount deposited in the said account was 65,89,025/-. It 3 is further alleged that certain complaints were received from the villagers, for whose benefit the scheme was prepared, about the mis- appropriation of funds deposited in the account under the said scheme, for which the President and present applicant are the authorized signatories. An inquiry was initiated by the C.E.O. Zilla Parishad, Ahmednagar. It is alleged that during the inquiry, the valuation of the work carried out was examined, which comes to Rs. 23,21,181/-. The balance amount in the said account was in the sum of Rs.33,210/-. Hence it is alleged that there was mis- appropriation of Rs.29,35,115/- 4. It appears from the nature of entire accusation as contemplated in the complaint as well as in the report that it is vague. 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 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- 4 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. Considering this aspect, the application is allowed. Applicant be released on bail, in the event of his arrest in connection with CR No.136/2009, 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 to hand over all the documents in connection with this crime to the Investigation Agency, if not already handed over, for which the Investigation Agency to give acknowledgment to that effect. This protection is granted till filing of the charge sheet. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri-appl-2982-10