IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 8 of 2010 with Criminal Applications No. 9 of 2010; 10 of 2010; 28 of 2010; 38 of 2010; 11 of 2010; 49 of 2010; 30 of 2010; 13 of 2010; 12 of 2010 and 47 of 2010 ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr Anil Mardikar, Advocate and Mr V.M. Deshpande and Mr S.P. Palshikar, Advocates with him for applicants Mr A.S. Fulzele, APP for State Coram : A.P. Bhangale, J Dated : 19th January 2010 1. Heard learned counsel for applicants and learned Additional Public Prosecutor for State. Applicants are seeking bail in Crime No. 278/06 registered with respondent CID, Amravati for offences under Sections 166, 167, 420, 409, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code read with Sections 7 and 13 of the Prevention of Corruption Act. 2. Learned counsel for applicants submit that applicants are similarly situated as the applicants before the Sessions Court who have been granted bail vide order dated 29.12.2009. They submit that applicants have been denied bail only because there is difference of amount allegedly misappropriated by the applicants. They further submit that applicants have been indicted on the basis of further investigation as contemplated under Sections 173 (8) Cr.P.C. Learned counsel also submit that all the applicants are senior citizens except applicant in Criminal Application No. 47 of 2010 who has already been placed under suspension. 3. Per contra, learned APP submits that even though custodial interrogation of the applicants is not necessary, he opposes bail applications on the ground that applicants have indulged into huge corruption and misappropriation of Government money. He further submits that applicants were contributory to misappropriation with main offender and unless there was support and active role played by them, main offender could not have indulged into misappropriation and corruption. 4. Trial in the present case would take its own time as the record collected, gathered and sought to be relied on by the prosecution is bulky. Applicants have stood retired way back from active service and it is borne out from record that they are suffering from one or the other ailment. Since the applicants have stood retired and applicant Purushottam is already placed under suspension, applicants would have no access to concerned records and possibility of tampering with record would be remote. Considering the fact that applicants are senior citizens and the applicant Purushottam who is not, is already placed suspension together with the fact that custodial interrogation of the applicants is admittedly not necessary, I am inclined to order release of applicants on bail during the pendency of trial. Hence, the following order. 5. Applicants be released on bail in Crime No. 278/06 registered with respondent CID, Amravati for offences under Sections 166, 167, 420, 409, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code read with Sections 7 and 13 of the Prevention of Corruption Act upon their furnishing PR Bond in the sum of Rs. 50,000/- each with one or more solvent sureties in the like amount. Applicants are directed to cooperate with Investigating Agency and shall attend the I.O. as and when required. Applicants are directed not to tamper with prosecution evidence in any manner and communicate with any of the prosecution witnesses. Applicants shall not commit any crime while on bail. Applicants shall leave their permanent address with telephone/cell phone number (if any) with the Investigating Officer and shall communicate change therein, if any, in future. Applications stand disposed of. Hamdast granted. Judge. hsj