1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2540/2009 (Jalrajsingh Lalsingh Rathod vs. State of Maharashtra ) ------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ............................................................................................................................ Mr. S G Loney, Advocate for applicant Mrs.S S Wandile, APP for Respondent CORAM: A.P. BHANGALE,J. DATED: 29 th July, 2009. 1. Heard counsel for respective parties. 2. The applicant prays for grant of bail in connection with Crime No. No.278/2006 which was reported on 26.6.2006 at Gadge Nagar Police Station for offence punishable under section 409, 420, 467, 468, 471, 120-B read with section 34 of the Indian Penal Code. The First Information Report was initially reported against Assistant Engineer, Assistant Accounts Officer, Executive Engineer and Chief A/cs. Officer of the Zilla Parishad, Irrigation Department, Amravati, namely, public servants S/Shri Dube, Dudhe, Nandeshwar and Kothalkar. It was on the basis of inspection of audit and consequent objections since the financial year 1999-2000 many irregularities were found indicating that in the matters of various purchases required for scheme of water supply, pumping machinery as also fuel etc. for vehicles. The investigation referred to audit report since 1994-95, and found that total misappropriation in the sum of Rs.44,33,00,512 was made. It is alleged against present applicant that he had entered into conspiracy with various officers and employees of the Irrigation Department from Zilla Parishad, Amravati and raised bogus bills for fuel, oil etc. and on the basis of false bills and hand in glove with various Government officers and employees for misappropriation to the tune of Rs.1,03,38,640/-. The applicant was arrested on 20th June, 2009 and was remanded to police custody till 25.6.2009 but later, he had complained of chest-ache and ill-health and was sent to District General Hospital Amravati for medical treatment and he was discharged from 23.6.2009 ( during the period of police custody remand). 3. The learned Advocate for the applicant contended that co-accused - a retired, Executive Engineer, Retired Asst. Accounts Officer and Retd. Chief A/cs Finance Officer were granted anticipatory bail in Criminal Application Nos. 2365/2006; 2478/06 and 2438 /2006 decided on 22nd August 2006. It appears upon perusal of the order passed by this Court on 22nd August, 2006 that mainly on the ground that custodial interrogation of those three retired officers may not be necessary and that most of the evidence would be in the form of documents, they were allowed to avail conditional anticipatory bail by directing their attendance twice in the week pending the investigation. Learned Advocate for the applicant seeks parity with the retired Govt. servants who were released on conditional anticipatory bail and also made a reference to ruling in Ashok Dhingra vs. NCT of Delhi reported in (2000) 9 SCC 533 contending that in a cheating case for offence punishable u/s. 120-B, 420, 468, 471 and 506 IPC, the Hon’ble Apex Court had granted conditional bail to the accused who alleged to have cheated a Japanese national in the whopping sum exceeding Rs. 65 lakhs. It appears that in the ruling cited, an affidavit of the accused to the effect that he will abide by the conditions was directed to be filed in the trial Court, with observations that if the trial is to get delayed on account of the delay in apprehending the co-accused, it would be open for the trial Court to split up the case as against the appellant/accused and proceed therewith, so that, it can be disposed of as expeditiously as possible. Liberty was also granted to the Respondent-State to move for cancellation of the bail u/s 439 (2) if accused misuses his bail. 4. Learned Advocate for the applicant contended that while the applicant was remanded to police custody, he was sent to Hospital and that the applicant is suffering from cerebro vascular insufficiency with sub-acute brain intacts with old fracture of 6th rib with plural contusion leading to difficulty in respiration and was advised complete rest for one month. The xerox copy of the certificate was sought to be relied upon, which appears to be undated issued by Dr. Pradeep Shingore, MD (Medicine). 5. It does appear that the Sessions Judge, Amravati had earlier by reasoned order dated 2nd July 2009 rejected the bail application of the present applicant. 6. I have perused the order copy of which is annexed with this application. According to Investigating agency, the accusations are grave as against the applicant and his custody may be required so as to unearth the grave crime. According to learned APP investigation is still pending and if at this stage the applicant is released on bail, he will tamper with the prosecution witnesses because he is a influential person. It is submitted that within a a month’s time, preliminary charge-sheet is likely to be filed. 7. Under these circumstances, considering the nature of the accusations as also the apprehension expressed by the respondent- State, I am not inclined to grant bail at this stage. Application stands rejected. However, the applicant shall be at liberty to file a fresh application for bail if charge-sheet is not filed, within a month. JUDGE sahare