1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2615 of 2009 Mohammad Azhar v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.M. Rizwy, Adv for applicant Ms S. Wandile, APP for State Coram: A.P. Bhangale, J Dated : 31st August 2009 1. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the State of Maharashtra. Applicant is seeking anticipatory bail in Crime No. 59/2009 registered with Police Station, Patur, District Akola for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 474, 477, 477A read with Sections 34, 35 and 120B of the Indian Penal Code. Applicant was directed to be released on interim anticipatory bail upon his executing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount on the condition that the applicant shall cooperate with the investigating agency and shall not tamper with prosecution evidence in any manner vide order dated 30th July 2009. There is no complaint for violation of any of the conditions. 2. Learned APP contended that the applicant as Block Development Officer was responsible for releasing funds and, therefore, it was his bounden duty to scrutinise work; weekly presence of workers; expenses on the sculpture 2 work and royalty on the minor minerals. 3. Be that as it may, this case appears prima facie to be more of dereliction of duty than misappropriation. In order to safeguard Government money, learned counsel for applicant undertakes to deposit proportionate money and adhere to the conditions to be imposed by this Court. 4. Interim anticipatory bail granted to the applicant vide order dated 30.7.2009 is hereby confirmed. In addition to the conditions already imposed on the applicant, applicant is directed to deposit a sum of Rs. 70,000/- in the Sessions Court concerned within one month from today. Upon deposit, Sessions Court concerned is directed to invest the said amount with any nationalised bank in a fixed deposit, initially for a period of two years, renewable depending upon the pendency of prosecution. If condition of deposit is not complied with within a stipulated period, present order shall stand automatically cancelled. Application stands disposed of accordingly. Hamdast. Judge. hsj