1 m IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1622 OF 2010 Yogiraj s/o Dharmaraj Shivagan and another. Applicant. V E R S U S The State of Maharashtra and another. Respondents. Shri A.M. Gaikwad, Advocate for the applicants. Mr. Nandedkar, Assistant Public Prosecutor for Respondents. CORAM : SHRIHARI P. DAVARE, J. DATE : 7 TH MAY, 2010. PER COURT :- 1. Heard Mr. A.M. Gaikwad learned counsel for the applicant and Mr. Nandedkar, learned APP for the respondents. 2. This is an application preferred by the applicants seeking anticipatory bail apprehending their arrest under CR No.30 of 2010 registered at Ambajogai (Rural) Police Station, District Beed for the offence punishable under section 409 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by Mr. Anantrao Bapusaheb Deshmukh on 22nd March, 2010. It is alleged in the said complaint that Someshwar Education Society Ltd, Ghatnandur Tq. Ambajogai District Beed is running schools and colleges and 2 co-accused namely Keshav Sonaji Kasbe is Head Master of Ghatnandur Secondary and Higher Secondary School. It is also alleged in the complaint that for the year 2006-2008 audit of the said institution was carried out and it appears that said Head Master misappropriated amount of Rs.2,05,700/- of scholarship and grants of the college. 4. On perusal of the investigation papers and after considering the rival submissions advanced by the learned counsel for the parties, it is apparent that names of the applicants herein have not been reflected in the contents of the First Information Report and no specific role has been attributed to them. It is also alleged that during inquiry of co-accused Head Master, it revealed that present applicants who are the junior clerks were entrusted with the work of carrying out entries regarding pass book and cash book. Applicant No.1 is Jr. Clerk cum typist and applicant No.2 is Jr. Clerk cum store-keeper and accordingly, applicants were arrayed in the present offence on the statement of co-accused Mr. Kasbe, Head Master. 5. Thus it appears that co-accused Keshav Kasbe, Head Master was entrusted with the aforesaid amount of Scholarship and grant and bank account was also in his name and applicants herein acted as per instructions of said co-accused. Hence possibility of false implication of the applicants in the alleged offence cannot be ruled out. 3 6. Besides that, it is submitted that said co-accused Keshav Kasbe has been already released on bail, and therefore apparently, there is no necessity of custodial interrogation of the applicants for the further investigation in the present offence. 7. In the result, present application is allowed and is it directed that in the event of arrest of applicant No.1 Yogiraj s/o Dharmaraj Shivagan and No. (2) Ishwar s/o Laxmansing Kabare under CR No.30 of 2010 registered with Ambajogai Rural Police Station, District Beed, they be released on bail, on furnishing surety in the sum of Rs.15,000/- (Rs. Fifteen thousand) each and on executing P. R. Bond in the like amount by each of them on the following conditions :- (I). Applicant Nos.1 and 2 shall attend the concerned Police Station as and when required on written intimation, till filing of charge sheet and shall cooperate in the investigation. (II). Applicant Nos. 1 and 2 shall not tamper with the evidence and / or influence upon the witnesses directly or indirectly. 8. These observations are primafacie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. This order shall be in force till filing of the charge sheet and one week thereafter. ( SHRIHARI P. DAVARE, J. ) ..... aaa/1622.10