1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.562 OF 2010 Shivaji s/o Thakaram Lokhande, Age-30 years, Occ-Agri R/o Walki, Tq-Nagar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Nagar Taluka Police Station, Dist-Ahmednagar RESPONDENT WITH CRIMINAL APPLICATION NO.563 OF 2010 Chandrabai w/o Vilas Mandlik, Age-40 years, Occ-Household & Agril R/o Walki, Tq-Nagar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Nagar Taluka Police Station, Dist-Ahmednagar RESPONDENT WITH CRIMINAL APPLICATION NO.564 OF 2010 Jagannath s/o Baburao Adhav, Age-65 years, Occ- Agril R/o Walki, Tq-Nagar Dist-Ahmednagar APPLICANT 2 VERSUS The State of Maharashtra Through Nagar Taluka Police Station, Dist-Ahmednagar RESPONDENT ........ Mr. Y.V.Kakade, Advocate for applicants Mrs.Y.M.Kshirsagar, APP for respondent State. ........ WITH CRIMINAL APPLICATION NO.626 OF 2010 Shaikh Baba Shaikh Chand, Age-56 years, Occ- Service R/o Khandobanagar, Tq-Shegaon Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Nagar Taluka Police Station, Dist-Ahmednagar RESPONDENT ........ Mr. P.V.Tapse-Patil, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for respondent State. ........ [CORAM : A.V.POTDAR, J.] DATE : 18th February 2010 PER COURT : 3 1. By these applications, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.119/2009 registered with Nagar Taluka Police Station for an offence punishable u/s 409 r/w 34 of the Indian Penal Code. 2. Interim protection is granted to the applicants in Criminal Applications No.562/2010, 563/2010 and 564/2010 on 09.02.2010. 3. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation carried out till today. 4. It appears that the said offence is registered on the complaint of one Nana Shinde, Village Development Officer, who has conducted an inquiry into the transactions in respect of various schemes of Government for construction, repairs of internal roads of Mauje Walki. It is alleged that the applicants, along with one Sanjay Waghmare, were Sarpanch and Gramsevak of the village Panchayat, Walki, during the period within which misappropriation is alleged. 5. It appears that the said inquiry was conducted on the complaint of some villagers of Walki. It further appears that certain funds were received by the Gram Panchayat for construction of internal road, as well as repairs of Anganwadis. It is alleged that an 4 amount of Rs.76,72,405/- was spent by the accused during the said period, however actual valuation of the work carried out by them is Rs.69,20,131/- and hence it is alleged that the accused have misappropriated an amount of Rs.7,52,274/-. 6. The nature of entire accusation is vague. In cases u/s 409 of the IPC, it is imperative to point out that what were the funds which were entrusted to the accused and for exactly what purpose. It also requires to point out that from the funds entrusted to the accused they have utilized certain amount for a particular work and engulfed the remaining amount. In the instant case, no doubt, funds were entrusted to the accused, however how the valuation of the work carried out by the accused is done is not on record viz, as to whether any expert was appointed for carrying out the valuation, the entire complaint and even the report is silent in this respect. Cases of misappropriation cannot be filed on the basis of vague inquiry and the same has to be filed on specific report in respect of funds entrusted, utilized and difference if any on the basis of verification by expert. Merely some complaint was filed and some inquiry is shown to be carried out and some valuation appears to be arrived at, cannot be said to be the proper procedure in such cases. In the premise and in view of vague report, case is made out to exercise discretion, which in cases of misappropriation is seldom exercised. 7. In the result, all the applications are allowed. Interim protection granted to the applicants in Criminal Applications No. 5 562/2010, 563/2010 and 564/2010 is hereby confirmed and to remain in force till filing of the charge sheet. Applicant Shaikh Baba Shaikh Chand in criminal application No.626/2010 be released on bail in the event of his arrest in connection with CR NO.119/2009, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. This protection to remain in force till filing of the charge sheet. Applicants to give attendance in the concerned police station on written requisition of the concerned Investigation Officer and to cooperate the investigating agency. (A.V.POTDAR, J.) drp/A10/criapln562-10