(1) CRI. APPLN. 1314.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1314 OF 2010 1] Pralhad S/o Nanabhau Wagh, Age : 39 years, Occu.: Service, R/o. Khandala, Tq. Nagar, District : Ahmednagar 2] Popat S/o Bhausaheb Jare, Age : 50 years, Occu.: Service, R/o. Jare Wasti, Jeur Baijabai, Tq. Nagar, District: Ahmednagar .. Applicants VERSUS 1] The State of Maharashtra 2] The Police Inspector, Tofkhana Police Station, Ahmednagar, Dist.: Ahmednagar (Copies to be served on the Public Prosecutor, High Court Bench at Aurangabad) .. Respondents Mr. A.D. Shinde, Advocate for the Applicants Mr. S.D. Kaldate, AGP for the respondent-State ... CORAM : K.U. CHANDIWAL, J. DATED : 28TH APRIL, 2010 PER COURT:- 1] Heard Mr. Shinde. This is second Application. The first being Criminal Application 2756 of 2009 rejected on 10.9.2009. The applicant- Pralhad was the General Manager and Managing Director (2) CRI. APPLN. 1314.2010 of the Milk Scheme while the applicant Popat is the Dairy Manager and also Chilly Plant Manager. The applicant Popat was holding the position from the period 1.4.2005 to 31.3.2007. 2] Though the learned counsel informs the applicant Pralhad Wagh is without any remuneration, having been suspended from the Milk Scheme from 28.5.2009 and not received salary from August, 2006, however, that by itself will not primarily dilute the criminal liability of embezzlement, misappropriation slapped against the accused-applicant. The record primarily illustrate the involvement of both the applicants in either the mis-management and illegal sale of the milk product, milk and not accounting the same. The general supervision which was expected as Incharge, calculatedly, not adhered to, facilitating the act of loss to the milk scheme. The conduct, speaks for itself. There is no change of circumstance to consider the exercise of discretion in terms of section 438 of the Criminal Procedure. 3] The favourable consideration of application of Vijaysing (Criminal Application no. 965 of 2010) and of Kisan (Criminal Application no. 1308 of 2010) could not be applied with same thread of parameter, as those applicants at the material time, were the Office bearers and had to face the brunt owing to the statutory arrangement of the jointness and (3) CRI. APPLN. 1314.2010 severalness of the liability. However, the role of the present accused-applicants Pralhad and Popat being direct, indicating primarily involvement, the discretion can-not be exercised in their favour. Criminal Application rejected. Sd/- (K.U. CHANDIWAL, J.) arp