1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 209 /2010 [Ramchandra Marotrao Atram vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr Aniruddha Choube, Adv. for applicant Mr K S Dhote, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 2, 2010. By means of this application, the applicant prays for anticipatory bail in connection with Crime No. 95/2009 for offence punishable under sections 409, 467, 471 read with section 34 IPC which was reported at Pandharkwada Police Station (Kelapur) Dist. Yavatmal. Learned Advocate for the applicant contended that custodial interrogation of the applicant is not necessary and he is ready and willing to cooperate with the investigation. 2 Per contra, learned APP stoutly objected grant of anticipatory bail on the ground that investigation into serious accusation of misappropriation of Government funds is underway. The Project Officer is primarily responsible for the implementation of the scheme and valuation thereof and has to act within the parameters of powers conferred upon the Project Officer in respect of supply of material to Tribal unemployed youths pursuant 2 to Government scheme. It is contended that the present applicant was in-charge Project Officer during the relevant period between 25.2.2008 and 29.2.2008 when he had placed orders for goods required for carpentary work, supply of fodder for bullocks etc. Since the applicant was the Project Officer during the relevant period and anticipatory bail of another Project Officer for rest of the relevant period – Shri Bhagwat Saidani has been rejected, the learned APP also prayed for rejection of this application relying upon the requirement of investigation in order to effectively interrogate the Project Officer and to book the real culprits in connection with misappropriation of huge Government funds at Pnadharkwada, Dist. Yavatmal through Integrated Tribal Development Project. It is also contended that the conditions and guidelines were within the knowledge of the applicant as Project officer which were contravened in order to misappropriate the Govt. funds. Under these circumstances for effective and proper investigation, the investigating agency must have a free hand so as to charge-sheet the real culprits in the case. Anticipatory bail is rejected. It is made clear that the applicant shall be at liberty to apply for regular bail once purpose of investigation is served. JUDGE sahare