1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2438 of 2009 Diwakar 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.S. Mardikar, Advocate and Mr A.B. Patil, Advocate with him for applicant Ms Sharda Wandile, APP for State Coram: A.P. Bhangale, J Dated : 31st August 2009 1. Heard learned counsel for the parties. Applicant is seeking anticipatory bail in Crime No. 59/2009 registered with Police Station, Patur under Sections 409, 420, 405, 465, 467, 471, 477A, 406 read with Section 34 and Section 120B of the Indian Penal Code. 2. Applicant was granted interim protection vide order dated 3rd July 2009. According to investigating agency, applicant did not visit the site of construction physically and without verifying the actual status, issued completion certification relying on the report of Assistant Engineer. It is pointed out by learned APP that work amount of Rs. 3,52,000/- was sanctioned, but there is misappropriation of Rs. 2,07,355/- since the work in question was carried out partially. 3. Considering the nature of accusation, I do not find any reason making it necessary that applicant who is a Government servant shall 2 undergo custodial interrogation. Hence, conditional anticipatory bail can be granted to the applicant, inter-alia, directing him to deposit the proportionate amount of Rs. 70,000/- in the Sessions Court concerned. 4. Interim anticipatory bail granted to the applicant vide order dated 3.7.2009 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