1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2279 OF 2010 Arvind Bankatlal Lathi, Age-62 years, Occu-Business, R/o.Near M.J.College, Lathi Supershop, Jalgaon, Tq. and Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.D.V.Tele, learned APP for State Mr.V.B.Patil, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 09/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in connection with CR No. 07/2010, registered in Zillha Peth Police Station, Jalgaon. 2. Heard learned counsel for applicant, learned APP for State., and learned counsel for original complainant. Perused the papers of investigation till carried out. 2 3. It revealed from the papers of investigation that the said offence came to be registered on the complaint of District supply Officer Pratapsing, on the grievance recorded in his office by one Local Political Leader by name Gajanan Malpure. On the basis of this report, raid was conducted on R.R.Vidyalaya and B.K.Lathi Primary School on 06/01/2010, where some irregularities were noticed about the distribution of rice provided to those schools under the scheme of Central Government. 4. It appears that certain registers were seized during the investigation which were maintained in those schools, having control over by two headmasters and clerical staff of those schools. The name of the chairman is not whispered as the person who is indulged in these activities. 5. During the course of submissions across the bar, my attention is drawn by the learned counsel for applicant towards two facts, one is report received by the learned Sessions Judge, before whom the earlier bail application was moved by the present applicant, about his conduct during the protection granted to him. It is reported by the 3 P.I. Zilla Peth Police Station, Jalgaon that during the period, as per the order passed by the Sessions Court, Jalgaon on 05/04/2010, the applicant was giving daily attendance in the said police station. He has co-operated the investigation agency. Perusal of papers of investigation now revealed that the custody of this applicant is not required for any interrogation. Further, it is contended across the bar that following to the raid dated 06/01/2010, show cause notice was issued by the Block Education Officer, Panchayat Samiti, Jalgaon to the Headmasters of R.R.Vidyalaya and Prathamik Education School of B.K.Lathi, Jalgaon dated 07/01/2010 of which one copy was forwarded to the present applicant. It is also brought to the notice that subsequent to the reply given by those two headmasters, report was submitted to the learned Sessions Judge, Jalgaon about the registers seized. From this report, it appears that the control over the day to day affair over the implementation of the scheme and maintaining of registers to that effect is of those two headmasters and the clerical staff attached to those schools. Considering these aspects, even if it is urged across the bar by the learned APP and learned counsel for complainant that even though there is no control of the present applicant over the day to day affairs 4 over those two schools, but still as a Chairman, he is liable as per the plan of the scheme and hence his custody is required, with which, this Court is not in agreement. 6. Considering the stage of investigation, this court is of the view that custody of this applicant is not required, hence following is the order : O R D E R 1. Application is allowed. 2. Interim protection granted on 18/06/2010 is hereby confirmed till filing of the charge sheet. 3. Applicant to co-operate the investigation agency and not to tamper with the prosecution witnesses. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2279-10