1 CA4971with5292/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4971 OF 2011 Kailas Kisan Lahamge Applicant V E R S U S The State of Maharashtra Respondent Shri Joydeep Chatterji, Advocate for the applicant Shri K.S. Patil, APP for the respondent / State W I T H CRIMINAL APPLICATION NO. 5292 OF 2011 Bhalchandra Pandit Kharote Applicant V E R S U S The State of Maharashtra Respondent Shri D.B. Shinde, Advocate, holding for Shri N.L. Choudhari, Advocate for the applicant Shri K.S. Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 13th December, 2011 PER COURT : 1. These two applications can be decided by common order as both the applicants are concerned with the same Crime. 2 CA4971with5292/2011 2. Heard learned Advocates of both sides. 3. Both the applicants have been arrested on 18th June, 2011, in connection with CR No. I - 144 of 2011 of Dhule City Police Station, Dhule, for the offences punishable under Sections 406, 409, 420, 468, 471, 477 (C), 120 (B), 201, 427 of the Indian Penal Code. 4. The applicant Kailas Kisan Lahamge is a Recovery Inspector in the Assessment Department of Dhule Municipal Corporation. According to the prosecution, there was illegality in the matter of collection of municipal assessment taxes in as much as according to the prosecution, if from a particular person Rs.100/- are recovered, said person would be given a receipt of Rs.100/-, however, Rs.100/- would not be deposited in the cash department of the Dhule Municipal Corporation and a lesser amount used to be deposited, and that is how, Clerks associated with the tax department including the present applicant, are 3 CA4971with5292/2011 alleged to have embezzled substantial amount, which should have gone in the account of Corporation. 5. It is noticed that on 17th June, 2011, a fire broke out in the premises where the registers and records concerning collection of taxes were stored. 6. I have perused the charge-sheet. Learned Advocate for the applicant Kailas Lahamge submitted that in the entire charge-sheet there is no material against the present applicant to link with the allegations leveled in the F.I.R. This submission of the learned Advocate for the applicant Kailas Lahamge could not be disputed by the learned A.P.P. for the State. If this is so, the present applicant Kailas Lahamge is entitled to bail. 7. Learned Advocate Mr. Joydeep Chatterji had made available to the Court the entire charge-sheet, which can be conveniently used for deciding Criminal 4 CA4971with5292/2011 Application No. 5292 of 2011. 8. Now I turn to merits of Criminal Application No. 5292 of 2011. The applicant Bhalchandra Pandit Kharote is a Clerk in the Tax Assessment Department of Dhule Municipal Corporation. Having perused the charge- sheet, one will have to observe that there is no material to link this applicant with the crime alleged, except the statement made by him under Section 164 of the Code of Criminal Procedure. Learned A.P.P. had made available to the Court a copy of the said statement. I have perused the said statement. This statement by itself is not sufficient to hold that prima facie case is made out against the present applicant. Therefore, present applicant Bhalchandra Kharote is also entitled to bail. Hence, following order is passed to dispose of the application. O R D E R 1. Each of the applicant mentioned in the 5 CA4971with5292/2011 respective application in connection with CR No. I – 144 of 2011, registered with Dhule City Police Station, Dhule, is hereby ordered to be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. Each of the applicant shall execute P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand). 4. Each of the applicant shall report to the concerned police station on every second Saturday between 11.00 a.m. to 04.00 p.m. for a period of six months. ( R.Y. GANOO, J. ) SRM/13/12/11