1 Cri.A.No. 5454 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.5454 OF 2011 Vijay Manglu Chavhan ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr Joydeep Chatterji, Advocate for the applicant; Mr K.S. Patil, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 23rd December, 2011 PER COURT : Heard learned Advocate for the applicant. 2. The present applicant is a Junior Engineer and is arrested in connection with F.I.R. No.49 of 2011, registered with Shindkheda police station, District Dhule under sections 406, 408, 409, 465, 467 and 420 of the Indian Penal Code. 3. The applicant was in-charge of housing project and he was required to certify completion of the project, to enable persons 2 Cri.A.No. 5454 of 2011 concerned to get loans. According to the prosecution, he has certified that the houses have been built by various persons, though the said houses were not completely constructed. At page 23 of the application, which forms a part of the F.I.R., it is mentioned that the defalcation at the hands of the present applicant is to the tune of Rs. 3,85,000/-. The present applicant has deposited a sum of Rs. 3,85,000/- with the concerned authority i.e. Zilla Parishad. 4. After having considered the police papers it will be noted that various documents which were required to be seized have since been seized. The statements of large number of persons have since been recorded. It is true that charge-sheet is not filed. According to me, a question arises whether the present applicant should be released on bail pending charge-sheet. The answer is in the affirmative. I have arrived at this conclusion on the ground that substantial part of the investigation is over. Present applicant being a Government servant is presently placed under suspension. Chances of his running away are rare. He can also be put to terms as regards attendance. 5. Hence, following order is passed :- 3 Cri.A.No. 5454 of 2011 1) Application for bail is granted. 2) The applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in the like amount. He shall execute a P.R. bond in the sum of Rs.30,000/-. He shall attend the concerned police station on every Monday and Thursday, between 11.00 a.m. to 4.00 p.m. till the filing of the charge-sheet and thereafter on every second Saturday, between 11.00 a.m. to 4.00 p.m. for a period of six months. 3) It is noted that the amount deposited by the present applicant is without prejudice to rights and contentions of both the sides. After the charge is framed, the amount shall be transferred to the concerned Court, so that at the end of the trial the concerned Court shall pass appropriate orders. In any case, before the final order is passed in the trial, the applicant shall not withdraw the said amount. (R. Y. GANOO, J.) amj/criap5454.11