{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4331 OF 2009 Pravin Uttamrao Chaudhari Age-45 years, Occ-Consultant, R/o House No.2404, Lane No.6, Dhule, Dist-Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicant Mr.N.R.Shaikh, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th December 2009 PER COURT: 1. By the present application, the applicant, who is a technical advisor cum consultant of Jaldhara water scheme of Hendrun, Tq & Dist-Dhule, has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.110/2009 registered with Mohadi police station for an offence punishable u/s 406, 420, 465, 468, 471 r/w 34 of Indian Penal Code. {2} 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the compliant of one Ajaykumar Birari, who is an Engineer working on the said scheme. It is alleged that somewhere in the year 2007, a scheme was introduced for the said village of which Namdeo Sonawane was the Chairman and Rajiv Masare was the Secretary. The Chairman and Secretary have filed criminal application No. 4339/2009 before this Court for their release on anticipatory bail. It is alleged that under the said scheme a grant of Rs.74,25,751/- was sanctioned. For the purpose of said scheme a joint account in the name of Chairman and Secretary of the said scheme was opened with the Central Bank of India, Arvi Branch. It is alleged that the applicant is a technical advisor to advice as to how the scheme should be implemented. The funds, which are alloted for the said scheme, were deposited in the said joint account. It is alleged that on the compliant of villagers, that there is misappropriation of the amount of grant of the said scheme, an inquiry was conducted and report of the same was received. It is alleged that though total funds of Rs.63,68,410/- were received for the said scheme, yet out of the same, Rs.53,98,283/- were utilized only and amount of Rs.8,15,060/- has been misappropriated. 4. By pointing out these allegations, it is contended that so far as role played by the applicant is concerned, he is a {3} technical advisor only. It is also contended that the funds received under the said scheme were not entrusted to the applicant and the same were entrusted to the Chairman and Secretary. In the premise, it is urged that as the funds were not entrusted to the applicant nor spent by the present applicant, and the applicant is no where concerned or responsible for any misappropriation. Hence, it is prayed to release him on bail. 5. The application is opposed by the learned APP. 6. Perused the papers of investigation in the light of the rival submissions. It is clear that the funds received for the said scheme were deposited in the bank, in the joint account, which stood in the name of Chairman and Secretary of the said scheme, which is operated by them only. In the premise, if the funds were not entrusted with the present applicant nor is he in any way connected with the same and hence the applicant has no control over the funds received under the said scheme. He cannot be held responsible for any deficiency or misappropriation of funds. In the premise, prima facie case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicant on anticipatory bail. 7. In the result, the application is allowed. The applicant be released on bail in the event of his arrest in connection with CR No.110/2009 registered with Mohadi police station on his {4} furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant to cooperate with the investigating agency and to attend the police station for interrogation whenever required, on written requisition by the concerned Investigation Officer. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4331-09