1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1525 OF 2010 Vijay s/o Wamanrao Jaware & anr. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri D.V. Soman, Advocate for the applicants Shri P.P. More, A.P.P. for the respondents ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 30h April, 2010 PER COURT: 1. Heard Mr. D.V. Soman, learned counsel for the applicant Nos.1 and 2 as well as heard Mr. P.P. More, learned A.P.P. for the respondents. 2. This is an application, preferred by the applicant Nos.1 and 2, seeking anticipatory bail, apprehending arrest under C.R. No.16/2010, registered at City Chowk Police Station, Aurangabad for the offences punishable under Sections 406 and 409 read with Section 34 of the Indian Penal Code. 2 3. It appears that, the offence has been registered on the basis of complaint lodged by one Subhash Sadashiv Nandanwar, Enforcement Officer, Employees’ Provident Fund Office, Aurangabad on 18.1.2010, alleging that the applicant did not deposit the amount of Provident Fund deducted from the salary of employees with the office of Provident Fund and thereby misappropriated the amount to the tune of Rs.12,14,902/-. 4. The learned counsel for the applicants pointed out that the amount of provident fund was deducted from the salary of the employees of Bachat Group, but since the Provident Fund Account number was not given to deposit the said amount, the said amount was lying with the Agricultural Produce Market Committee and when subsequently the said Provident Fund account number was given by the authorities, the said amount including interest to the tune of Rs.16,00,000/- was deposited in the said Provident Fund Account. The learned A.P.P. concedes to the said position. Hence, in the light of the aforesaid facts, apparently, there is no necessity of any custodial interrogation of the applicants and, therefore, present application deserves to be allowed. 5. In the result, present application is allowed and interim protection granted to the applicants stands confirmed and, it is directed that, in the event of arrest of the applicant Nos.1 and 2 3 under C.R. No.16/2010, registered at City Chowk Police Station, Aurangabad, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing P.R. bond in the like amount by each of them, on the following conditions: (i) The applicant Nos.1 and 2 shall attend the concerned Police Station as and when required, on written intimation and shall cooperate in the investigation. (ii) The applicant Nos.1 and 2 shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 6. Needless to say that the above bail granted to the applicant Nos.1 and 2 is till filing of the charge sheet. It is further pointed out that, the observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. 7. Parties to act on copy of this order, duly authenticated by Sheristedar of this Court. (SHRIHARI P. DAVARE) JUDGE fmp/cri152510