FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3793 OF 2011 VITTHAL DAYARAM MORE VERSUS THE STATE OF MAHARSHTRA ... Advocate for Petitioner(s) : Mr. Sawant Amol S. APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 21, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest under Crime No.I-211/2011, registered at Dhule Taluka Police Station, District Dhule for the offences punishable under sections 406 and 409 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Govind Gangurde, head master of Shri M.K.Shinde Vidyalaya, Kusumba on 13.6.2011. The applicant is serving in the said school as peon. It is alleged that amount of Rs.25,000/- collected for the construction of memorial of the late founder FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders President of the said school ‘Shri M.K.Shinde’ was handed over to the applicant on 20.4.2011 for depositing the same in the State Bank of India, Branch Kusumba Tq. and District Dhule, but the applicant failed to deposit the said amount in the Bank and allegedly, misappropriated the said amount for himself and since then he was not found at his residence. 4. At the outset, although alleged offence occurred on 20.4.2011, First Information Report came to be lodged on 13.6.2011 i.e almost after delay of two months and apparently, no convincing explanation has been given there for. Besides, it also appears that there is no cogent evidence to hold that said very amount of Rs.25,000/- was handed over to the applicant for depositing the same in State Bank of India, Kusumba Tq. & Dist. Dhule as alleged. Moreover, as submitted by the applicant on the last date, applicant has deposited amount of Rs.25,000/- with the Investigating Agency under protest and without prejudice to his rights and contentions on 18.9.2011 and it appears that said amount has been seized by the Investigating Agency, under the panchnama on the same day and acknowledgment thereof dated 18.9.2011 and the panchnama dated 18.9.2011 to that effect, produced by the Advocate for the applicant are taken on record and marked as document 'X' collectively. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 5. In the circumstances, interim relief granted to the applicant deserves to be made absolute, and accordingly interim relief dated 5.9.2011 granted in favour of the applicant stands confirmed on the following conditions :- i) The applicant shall give attendance before the concerned Investigator on every TUESDAY AND THURSDAY between 03.00 p.m. to 05.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 6. Present application stands disposed of finally. 7. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***