1 Cri.A.4490.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4490 OF 2011 Husaji S/o Manikrao Karpe, R/o Bothi, Tq. Umri, District Nanded. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.P.V.Mandilk, Senior Advocate,I/b Shri.A.S.Gandhi, and Shri Vaibhav P. Deshmukh, Advocate for Applicant. Shri.B.V.Wagh,A.P.P. for Respondent. ... CORAM: R.Y.GANOO, J. DATE : 18TH NOVEMBER, 2011. PER COURT : 1. Heard learned advocate on both sides. 2. The applicant is arrested in Crime No. 30 of 2011, registered with Umri Police Station, District Nanded. The applicant at the relevant time was Chairman of the Water Distribution Committee. He along with another person was charged to operate the bank account, where the money sanctioned was to be deposited. He was 2 Cri.A.4490.11 required to draw cheques or make payment to the various persons who would be working for Water Scheme. FIR narrates as to how much amount is granted and how much amount was utilized and as to what extent embezzlement has taken place in respect of Government funds. Investigation is completed and charge-sheet is filed. The present applicant is said to have addressed the letter dated 1st April, 2011 to Sub-Divisional Engineer, Zilla Parishad admitting therein that he is holding sum of Rs. 5,08,000/- from and out of funds, which were received for the Water Scheme. 3. According to the learned Senior counsel for the applicant, this letter dated 1st April, 2011 was procured under compulsion. Thus, this explanation given by the present applicant that the letter was procured under the compulsion cannot be accepted as it is not withdrawn by proper method. This letter amounts to an admission on the part of the present applicant that he has hold certain amount privately, from and out of 3 Cri.A.4490.11 Water Scheme. 4. Learned Senior counsel for the applicant submits that the amount sanctioned was Rs.17,00,000/-, out of it Rs 11,50,454/- are spent for which the accounts are submitted and sum of Rupees four lakhs and some odd amount is presently lying in the bank account. The difference of amount is of Rupees one Lakh and some odd amount. 5. Learned Senior counsel for the applicant submits that FIR has been filed with a view to take vengeance against the present applicant. According to him, the applicant is entitled to bail. 6. Learned APP appearing on behalf of the State opposed the bail application contending that prima facie case is made out against the applicant for embezzlement of Government funds, therefore, applicant should not be granted bail. 4 Cri.A.4490.11 7. After having gone through the charge-sheet, it is abundantly clear that whether the work to the extent of Rs.11,50454/- was actually carried out or not is matter of evidence. As of today, the present applicant by letter dated 1st April, 2011 admitted that he is ready to deposit Rs. 5,08,000/-. In my view, if the applicant is directed to deposit amount of Rupees Two Lakhs in the account that would be in the interest of water Committee and on that condition the applicant can be released on bail. Hence, the following order: . The applicant is directed to deposit an amount of Rupees Two Lakhs in the account of Water Scheme Committee. Upon deposit of said amount, the applicant be released on bail, in connection with Crime No. 30 of 2011, registered with Umri Police Station, District Nanded, in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand) with one surety in like amount. The applicant shall execute P.R. bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand). 5 Cri.A.4490.11 . The applicant shall report the concerned Police station on every Second Saturday between 11.00 a. m to 4.00 p.m. till evidence of material evidences are recorded. . It is clarified that the release order of the present applicant shall be issued by the concerned Judicial Magistrate First Class, only after satisfying that sum of Rupees Two Lakhs has been deposited in the account of Water Scheme Committee. . Learned Advocate for the applicant submits that applicant may be required to execute certain documents to raise the funds to the tune of Rupees Two lakhs, in order to comply this order. The Jail Authorities shall allow the applicant to execute necessary documents to raise funds of Rupees Two Lakhs, while the applicant is in custody. If the presence of the present applicant is required before Sub-Registrar for the purpose of execution of sale deed or mortgage his 6 Cri.A.4490.11 property, the applicant be taken in custody to the concerned Sub-Registrar for execution of document. After execution of document, he be brought back to the Jail. . Accordingly, the present Criminal Application is disposed of in above terms. sd/- [ R.Y.GANOO, J.] MTK