(1) CRI. APLN. 5172.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5172 OF 2010 1. Ramabai W/o Madhavrao Waghmare Age : 32 years, Occu.: Household 2. Prakash S/o Ananda Doephode Age : 44 years, Occu.: Agri Both resident of Ijjatgaon, Taluka Naigaon (Kh), District Nanded Applicants VERSUS 1. The State of Maharashtra Through Police Inspector, Police Station Kuntur, District Nanded 2. The Superintendent of Police, Nanded, Dist. Nanded Respondents ..... Mr. V.G. Sakolkar, Advocate for the Applicants. Mr. P.P. More, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 14TH DECEMBER, 2010 ORAL ORDER:- 1. Heard learned Advocate and learned A.P.P. 2. Perused the investigation papers. (2) CRI. APLN. 5172.2010 3. By consent, the Application is being finally disposed of at this stage inasmuch as all the investigation papers are made available during the course of hearing. 4. Having regard to the recitals of the FIR and the investigation papers, it prima facie appears that though the amounts were withdrawn from time to time for the purpose of execution of the scheme called "xzkeh.k ik.khiqjoBk ;kstuk", there was misappropriation committed by the Committee. The applicant no.2 is the Secretary of the Committee and is primarily responsible for the withdrawals and maintenance of the accounts. It appears that the Committee withdrew Rs.19,21,942/- for the work which was carried out as estimated to be of less value i.e. of Rs.9,63,414/-. 5. It prima facie appears that the applicant no. 1, though was Chairman of the Committee, yet is illiterate and may not be conversant with the accounts and the required steps to be taken for the purpose of executing the work. The communication dated 16.4.2010 issued by the Executive Engineer of Zilla Parishad, Nanded, prima facie shows that on (3) CRI. APLN. 5172.2010 16.2.2010 during the course of enquiry, the applicant was not personally present. Her husband by name Madhav Waghmare was present. It is prima facie, clear, therefore, that the measurements were not carried out in presence of applicant no.1 and probably she personally may not have the knowledge about the expenditure and the withdrawals as well as the nature of work carried out. 6. For the reasons afore-stated, the Application is partly allowed to the extent of applicant no.1 Ramabai. She is directed to be released on bail, in the event of arrest, on furnishing of bail bonds in sum of Rs.15,000/- (Rs.Fifteen Thousand) before the Arresting Officer and on further condition that she will attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. and will actively co-operate with the Investigating Officer during the course of investigation by producing any record or information as may be called upon. She shall attend the concerned Police Station accordingly for four(4) consecutive weeks. The anticipatory bail order will come to an end on filing of the (4) CRI. APLN. 5172.2010 chargesheet/final report. The Application of the applicant no.2 i.e. Prakash Doephode alias Patil stands dismissed. Sd/- [V. R. KINGAONKAR, J.] arp