1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2549 of 2009 Shankar s/o Ramkrishna Dakore 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. Mrs. S.W. Deshpande, Adv. for applicant Mr. D.P. Thakre, A.P.P. for non-applicant. Coram: A.P. Bhangale, J Dated : 24th August, 2009 1. The applicant is apprehending his arrest in Crime No.92/2008 reported at Pinjar Police Station, Taluka – Barshitakli, District-Akola under Sections 420, 409, 467, 468, 120(B), 34 of the Indian Penal Code. 2. Learned Advocate for the applicant contended that despite rejection of anticipatory bail dated 26-11-2008, the applicant was not arrested by the investigating agency. Further, it is contended that co-accused were granted conditional anticipatory bail while the Court had ensured that the amount of alleged defalcation which deposited in the Court by applicant Bharat Totaram Raut, who was granted benefit of anticipatory bail in Criminal Case No. 2 4212/2008 by order dated 5th December, 2008. This Court (R.C. Chavan, J) had directed to deposit in the sum of Rs.80,000/- within two weeks in the Court of C.J.M., Akola who was further directed to invest the amount in the State Bank of India, Akola to ensure the deposit get maximum interest. The amount was also directed to be treated as property in the case to be dealt with finally at the time of final disposal of the case. While in the Criminal Application No.4234/2008 alongwith Criminal Application No.4217/2008 the applicants ( accused) in those applications were directed to deposit sum of Rs.1,00,000/- each within a period of two weeks to show their bona fides. Under these circumstances, the learned Advocate for applicant claimed parity with co-accused on the ground that the present applicant is ready to deposit remaining amount of Rs.76,000/- in the Court of J.M.F.C., Akola within two weeks. 3. The learned A.P.P do not dispute the fact that applicant has not been arrested despite rejection of anticipatory bail since 26-11-2008 by learned Ad hoc Additional Sessions Judge, Akola. That being so following conditional order is passed. i) The Station House Officer or Arresting Officer, Pinjar Police Station, Tahsil-Barshitakli, District – Akola is directed that in the event of arrest of accused in Crime No.92/2008 under Sections 420, 409, 467, 468, 3 120(b), 34 of I.P.C., he shall be released upon executing P.R. Bond in sum of Rs. 50,000/- with one solvent surety in the like amount. Provided that applicant shall deposit a sum of Rs.76,000/- in the Court of J.M.F.C., Akola within two weeks from the date of this order. The amount shall be invested in a fixed deposit fetching maximum interest in the State Bank of India, Akola, which shall be treated as property in the case to be dealt with and disposed of subject to final decision of the trial. Furthermore the applicant shall attend the Investigating Officer as and when necessary. The applicant shall not tamper with the evidence. The applicant shall inform his address with phone numbers/cell numbers and change in the address, if any, to the Investigating Officer concerned with the case as also to the trial Court. ii) Application is disposed of accordingly. Judge. adgokar