(1) CRI. APLN. 4388.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4388 OF 2010 Dhananjayrao S/o Digambarrao Padwal, Age: 50 years, Occu.: Service, R/o. Chilwadi, Tq. and Dist. Osmanabad APPLICANT VERSUS 1. The State of Maharashtra Through Police Station, Yermala, Dist. Osmanabad 2. The Superintendent of Police, Osmanabad, Dist. Osmanabad (Copies to be served on P.P. High Court of Judicature of Bombay, Bench at Aurnagabad) RESPONDENTS ..... Mr. S.J. Salunke, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 8TH DECEMBER, 2010 ORAL ORDER:- 1. The applicant seeks anticipatory bail. 2. The applicant was attached to Agricultural Department as Agricultural Supervisor. The complainant was his higher authority. The F.I.R. (2) CRI. APLN. 4388.2010 purports to show that the applicant had withdrawn amount of Rs.2,04,997/- on 8.6.2005 for completing work of nala-banding. He submitted the payment register in the Circle Office on 17.5.2005. The complaint was received by the complainant to the effect that the labours were not paid the amount of wages. 3. Upon hearing learned Advocate for the applicant and learned A.P.P. and on going through the relevant papers, it prima facie appears that the amounts were disbursed in 2005. The F.I.R. is registered on 12.3.2008 on basis of the complaint lodged by the Sub Divisional Officer by name Shivaji Apparao Mali. It further appears that the statements of the labours were recorded at a belated stage. It appears that the applicant had filed a private complaint case vide Criminal Case no. 79 of 2005 in the Court of Chief Judicial Magistrate, Osmanabad. The complainant was cited as witness no.1. It further appears that due to absence of the complainant in that case as a witness, arrest warrant was issued by the Court at instance of the applicant (3) CRI. APLN. 4388.2010 as per order dated 4.8.2006. The complainant was required to apply for cancellation of the arrest warrant. It was thereafter that he filed the F.I.R. Thus, there is prima facie material to infer that the F.I.R. is actuated with malice. 4. Considering the above background and the fact situation, the Application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs.10,000/- (Rs.Ten Thousand) before the Arresting Officer. He shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. and shall actively co-operate with the Investigating Officer during the course of investigation. He shall attend the Police Station accordingly for four (4) consecutive weeks or till the final report is filed in the Court, whichever is earlier. Sd/- [V. R. KINGAONKAR, J.] arp