1 CR.APLN.NO.4921/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4921 OF 2010 Ravan Maroti Jamadar, ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENTS ... Mr.M.L.Dharashive, Adv., h/f Mr.Prashant Deshmukh, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:7/1/2011 *** PER COURT : 1. Heard learned Counsel. The accused/applicant, a Police Patil at the relevant time, moved application, to be eligible to enjoy schemes of the Government for Below Poverty Line. He informed that his income is below Rs.20,000/-. The inquiry illustrated that though the remuneration or the honorarium of the accused applicant Police Patil was Rs.800/-p.m., however, his wife was in service as Anganwadi Sevika and collecting honorarium from the State. 2 CR.APLN.NO.4921/2010 Thus, the authorities found that the income of the accused/applicant is not earmarked below the poverty line as per the Government Scheme. By producing incorrect certificate, the accused/applicant has, allegedly, availed Rs. 28,500/- from the Government Exchequer under Village Employment Scheme ( Gramin Rojgar Yojana), Scheme I. 2. Custodial interrogation of the accused/applicant in the set of above facts, is not desirable. Though the accused/applicant, as a Police Patil, should have been scrupulous in discharging his duties, however, by that itself would not be dis-entitling him for the discretion under Section 438 Cr.P.C. ORDER (a) The accused/applicant, in the event of his arrest in Crime No.146/2010 registered at Omerga Police Station, be released on bail on furnishing P.R. bond and surety in the sum of Rs. 10,000/- (Rs. ten thousand). (b) The accused/applicant shall deposit an amount of Rs.28,500/- (Rs. twenty eight thousand, five hundred) with the Government and produce the receipt to the investigator upto 28th Feb.,2011. If the accused applicant fails to deposit the 3 CR.APLN.NO.4921/2010 amount of Rs.28,500/- upto 28th Feb.,2011, the protection granted shall automatically stand terminated. Application allowed to the extent as above. (K.U.CHANDIWAL) JUDGE agp/4921-10crapl