1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 26 of 2008 Ratan Keshavrao Sarvade .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.P. Mundargi i/b V.V. Purwant for the applicant. Mrs.M.M. Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 30th January 2008 P.C.: 1. Heard. 2. The applicant has been arrested in connection with crime registered with Mangalwedha police station under C.R. No.72/2007 for the alleged offence punishable u/s.406, 408, 409, 464, 465, 475 and 477A of the IPC. 2 3. The applicant was working as a Tahsildar of Mangalwedha Tahsil from the year 2002 to 11th September 2004. According to the prosecution, the applicant issued two cheques one for Rs.1,38,000/- on 26th May 2004 and another for Rs.50,000/- on 7th August 2004 in favour of Secretary, Sanjay Gandhi Niradhar Yojana which is a scheme of the government for pension to the old persons. It is alleged that the said cheques were issued as bearer cheques instead of being issued as cross cheques as required by the rules. It is alleged that because of this lapse the cheques have been fraudulently encashed and money has been misappropriated. The misappropriation is alleged to have been committed by Mr.P.R. Chitnis, an employee of the Tahsildar office. Similar misappropriation is alleged to have been occurred during the course of subsequent Tahsildar, Mrs.Jadhav. 4. I have perused the copy of the FIR annexed at page no.20 of the application. The FIR does not directly implicate the applicant with the misappropriation. The learned APP however submitted that subsequent letter has been written by the Resident, Dy.Collector to the police on 1st May 2007 3 and that squarely implicates the applicant. I have also perused the copy of the said letter dated 1st May 2007, copy of which is annexed at page no.28. In paragraph no.6 of the said letter, it is mentioned that the misappropriation has been committed by P.R. Chitnis and in paragraph no.9 it is alleged that Tahsildar, Nayab Tahsildar and other clerks were negligent and they have committed an administrative lapse. Perusal of the letter shows that the allegation against the applicant is of negligence and administrative lapses rather than of misappropriation by herself. The petitioner is a lady aged 57 years, nearing retirement. 4. Another Tahsildar Mrs.Jadhav who was acting as a Tahsildar of Mangalwedha from 22nd February 2006, who is also alleged to be an accused in the same crime has been granted bail by this court by an order dated 4th December 2007 passed in Criminal Application no.3798 of 2007. 5. Taking all these facts into consideration in my view, the applicant is entitled to bail. Accordingly, applicant be released on bail on executing personal bond of Rs.One lakh with one or two sureties of the aggregate amount of Rs.One lakh subject to the following conditions:- 4 i) The applicant shall not make any inducement nor give any threats to the prosecution witness. ii) The applicant shall not in any manner tamper with the prosecution evidence. iii) The applicant shall attend Mangalwedha police station once every month between 1st and 5th of the British calendar month and also co-operate with the investigation and shall also attend the office of the Investigating Officer as and when specifically summoned by him. (D.G. KARNIK, J)