FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD (all Criminal Applications) 17. APPLN/2233/2009 WITH APPLN/1763/2009 with APPLN/1765/2009 WITH APPLN/1766/2009 WITH APPLN/1793/2009 WITH APPLN/1795/2009 WITH APPLN/1796/2009 WITH APPLN/1886/2009 WITH APPLN/2023/2009 WITH APPLN/2024/2009 WITH APPLN/2026/2009 WITH APPLN/2053/2009 WITH APPLN/2178/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. M.B.Sandanshiv, Adv., for applicant in Cri.Appln. No. 2233/2009, 1886/2009, 2023/2009, 2024/2009, 2026/2009. Mr. V.D.Salunke, Adv., for applicant in Cri.Appln.No.1765/2009 and 1766/2009. Mr.Pradeep Deshmukh, Adv., for applicant in Cri.Application No.1763/2009. Mr. D.S.Bagul, Advocate, for applicant in Cri.Application No.1793, 2009. Mr.A.N.Nagargoje, Adv., for applicant in Cri.Application No.1795/2009, 1796/2009. Mrs. S.S.Jadhav, Adv., for applicant in Cri.Application No.2178/2009. Mr. K.M.Suryawanshi, APP, for respondent/State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. The applicant Santosh Ramkrishna Karankal in application No.2233/2009 collected the medical bills for treatment to his mother, which was submitted by him to the Education Officer. Counsel informs, the amount is not yet received. 2. In application No.1765/2009, in the matter of Jankiram Govardhan Kurund and application No. 1766/2009 of Ajeet s/o Sureshlalji Gandhi, Mr. Salunke, Counsel, informs that it was medical bills for medical assistance to the teachers - the applicants, however, the bills were rejected and, consequently, no sanction. 3. In application no.1763/2009, Mr. Deshmukh, Counsel, appearing for applicant Yashwant Vasantrao Deshmukh, stressed that he is a Clerk in private College. He has submitted medical reimbursement bill which was sanctioned after verification. The applicant is ready to deposit the amount. 4. In application No.1793/2009, the Counsel for applicant Narendra Daulatrao Choudhary, accepts the name of his client at Sr.No.7 in the FIR. He is a lecturer in private college, received Rs. 36,450/- towards medical bills for surgery of his wife effected on 2nd of August, 2007. According to the Counsel, this receipt was as against the total bill of Rs.42,500/- submitted by the accused/applicant Narendra. 5. Applicant in application No.1795/2009, Tirsing Dattu Ware is figuring in the FIR. He is a teacher. Medical bills for treatment to his parents were furnished which are rejected. 6. Applicant in application No.1796/2009 Parmeshwar Sheshrao Tandale is a teacher. His name figures in the FIR. Medical bills furnished were rejected. 7. In application No.1886/2009, in respect of Ravindra, he had two medical bills for operation of his father. Bills were tendered. He has received the amount against those bills. The Counsel submits, he is ready to deposit the amount received. 8. In application No.2033/2009, applicant Vinayak is a teacher, received medical bills. The amount of Rs.34,500/- is deposited with his employer by a Challan in the head of Education Department. 9. The applicant Ashok Raosaheb Jagtap in Application No.2024/2009 is a teacher. He furnished medical bills for his parents, however, the bills are not yet honoured, since rejected. 10. The applicant Vitthal Maruti Jadhav in Application No.2026/2009 is a teacher, got bills sanctioned for parents medical treatment to the tune of Rs.33,200/-, however, subsequently deposited the same by Challan. 11. In Application No.2053/2009, Counsel called, absent. The papers indicate that the applicant submitted medical bills to the Department. 12. The applicant in Application No.2178/2009 Shrirang Bhimaji Dhanve is a primary teacher. Presently, he is Headmaster. His name figures at Sr.No.5 in the FIR. On 1.4.2008, owing to ill health of his wife, she was admitted in hospital and discharged on 20th April, 2008. As against her medical treatment, bills worth Rs.45,625/- were tendered. The Department has approved the same to the extent of Rs.34,463/- which he has received. 13. The Counsel generally submitted that the FIR is belated, main role in the matter is by Pawan Bhisen who is not nabbed by the Police and is calculatedly let loose. The respective applicants are ready to attend the Police Station and are ready to abide by the terms, including, as stated earlier, to make remittance of the amount received. Custodial interrogation is not warranted as the relevant documents are with the investigating officer. 14. It is informed, curiously, there is no FIR by the authorities of the Zilla Parishad or by the Civil Surgeon. It is by Dr.Vishal Chandrapalsing Hazari, the medical practitioner whose bills were allegedly tendered. 15. Though the gravity of the matter speaks that the teachers, including Headmaster, were required to maintain individual discipline which, apparently, they obliterated and defused for personal gains, on production of false medical bills. 16. All the applicants are permanent residents of the respective places and are also in employment. Hence, it is least that they will be absconding if considered for extraordinary character of grant of bail under Section 438 of Cr.P.C. 17. It is open for the respective Departments and its authorities to initiate Departmental action against each of such miscreant and also their mentor/s who has/have allegedly coordinated in sanctioning and collecting the amounts, as against fake bills, without there being proper medical treatment. The cases of surgery, as canvassed, could also be subjected for re-examination by authorized competent medical officer for which the respective applicants or their siblings are bound to cooperate the investigator. 18. Taking survey of all the facts, the exercise of powers under Section 438 of Cr.P.C. is done in favour of the accused/applicants on following terms: (a) The applicants - (1) Santosh s/o Ramkrishna Karankal (application No.2233/2009), (2) Jankiram s/o Govardhan Kurund (application No. 1765/2009), (3) Ajeet s/o Sureshlalji Gandhi (application No.1766/2009), (4) Yashwant Vasantrao Deshmukh (application No.1763/2009), (5) Narendra Daulatrao Choudhary (application No.1793/2009), (6) Tirsing s/o Dattu Ware (application no.1795/2009), (7) Parameshwar Sheshrao Tandale (application No. 1796/2009), (8) Ravindra Kisanlal Zawar (application No.1886/2009), (9) Vinayak Ramrao Avhad (application No.2023/2009), (10) Ashok Raosaheb Jagtap ( application No.2024/2009), (11) Vitthal Maruti Jadhav (application No.2026/2009), (12) Suresh Bhimrao Hirewad (application No. 2053/2009), (13) Shrirang Bhimaji Dhanve (application No.2178/2009), be released on their furnishing P.R.bond and surety in the sum of Rs. 10,000/- (Rs.ten thousand), each. (b) The accused/applicants, who have received the financial benefits, as against the individual medical bills, shall reimburse the amount to the concerned Department within 30 days from today. Failure to comply, the concession extended shall stand terminated. (c) The accused/applicants shall attend concerned Police Station on every Sunday, between 10 a.m. to 5 p.m. for six months. (d) The accused/applicants shall not leave the jurisdiction of Beed district, exception being made only to the extent of the applicants who, in future, are transferred, by virtue of their employment. This arrangement to remain in force for one year. (K.U.CHANDIWAL) JUDGE ... agp/crapln2233-09gr