1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1643 of 2010 Umesh Gulabrao Kothikar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., City Kotwali, Akola Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.P.Dharmadhikari, Senior Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 26 th Octo ber , 2010 . Heard Mr. S.P. Dharmadhikari, learned Senior Advocate for the applicant and Mr. J.B.Jaiswal, learned APP for the respondent/ State. By this application the applicant is seeking bail in Crime No. 76/2009, registered with Police Station, City Kotwali, Akola for the offences punishable under Sections 409, 420 and 120-B of Indian Penal Code. The report was lodged by the Commissioner of Municipal Corporation, Akola. It is alleged in the report that the applicant, who was Deputy Commissioner of Municipal Corporation, Akola, has caused loss to the public exchequer to the tune of Rs.20,10,895/- by misleading the Government authorities. It is further alleged that in the scheme known as ‘Sarva Shiksha Abhiyan’, 12 Subject-Experts and 1 Computer Operator was appointed without following due procedure. Learned Senior Advocate for the applicant has submitted that even bare perusal of the report would show that the Commissioner, Municipal Corporation, Akola received a proposal of 2 appointment of Subject-Experts and Computer Operator on 04/9/2009. The Commissioner asked the Education Officer to submit his report and in view of the report , the commissioner sought explanation on 03/1/2010 on certain points including whether the advertisement to appoints is issued, whether the process for appointment is followed or not. The report states that 12 Subject Experts and one Computer Operator have been appointed, without any permission from the Commissioner and accordingly the complaint is lodged. Learned Senior Advocate for the applicant submits that inspite of statement made in the report that on 03/1/2010, the Commissioner has raised certain queries, the record show that on 15/2/2010, a General Body Meeting was conducted. The Mayor and the Commissioner were party to the said meeting. The Minutes of Meeting of said meeting show that the Commissioner has considered the issue of payment of salary to the appointed persons and post-facto sanction was accorded. It is further submitted that in the said meeting, nowhere the objection was raised by the Commissioner. Even in the report, there is no allegation against the applicant where as the details were called through the Education Officer. Learned Senior Advocate further submitted that when the applications were called in 2007 and the applicant took over the charge of his post on 20/10/2008. Learned Senior Advocate further submits that the applicant being a responsible officer, is ready to cooperate with the investigating agency and he will make himself available for the investigating agency as and when called. He further submits that under the orders of this Court, the teachers, who have been alleged to be appointed illegally and received their salary, have deposited an amount to the tune of Rs.19 lakhs. 3 Learned APP has filed reply and opposed the application. Learned APP submitted that the offence is serious in nature. Learned APP also expressed an apprehension that if the applicant is released on bail, he may not be available for further investigation. It is further submitted that the applicant had approached the Sessions Court, Akola for grant bail. However, learned Sessions Judge has rejected the application vide order dated 29/9/2010 on the ground that the applicant is the main person responsible for defrauding the Corporation. He, therefore, prayed for rejection of the application. In view of the submissions and the material placed on record, I am of the opinion that prima facie case is made out by the applicant for grant of bail. The apprehension expressed by learned APP can be taken care of by imposing certain conditions on the applicant. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, City Kotwali, Akola every Sunday between 9.00 a.m. to 12.00 noon, for three months from today and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. 4 d] In case the applicant is moving out of the area of police station, City Kotwali, Akola, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale