1 Cri.A.2225.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2225 OF 2011 1. Hussaji S/o Manikrao Karpe 2. Ashok S/o Narsimalu Gurload(Burlod) R/o Bothi, Tqluka Umri, District Nanded ..APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. N.S.Choudhari,Advocate for Applicants. Shri.N.H.Borade, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 23RD JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No.30 of 2011, registered with Umri Police Station, District Nanded, for the offence punishable under sections 420 read with section 34 of the Indian Penal Code. 2. Papers of investigation are made available by APP. Both sides are heard. 2 Cri.A.2225.11 3. A report is given by Engineer of Government Department against the present applicants. Applicant NO.1-Hussaji Karpe was president of “ Jalwswarj Scheme (Gramin Pani Purvatha va Swachata Samiti) and applicant NO.2 was Secretary of the scheme of their village. Papers show that estimated value of the said scheme was Rs. 20,50,834/-. The said amount was collected for implementation of the scheme. Measurement work was done, in it, it was transpired that an amount of Rs. 5,33,316/- was not accounted and this amount was kept in hand by the President and Secretary of the Scheme. A notice was given to them and they were directed to deposit the said amount but they did not deposit the amount. 3. Advocate for the applicants submitted that there is one account extract showing that Rs. four lacks are still therein the account and so allegations against the applicant are not correct. Only account certificate is produced and entire account statement prepared by bank is not produced. In any case, it can be presumed at this stage that after taking measurements everything was taken into consideration by Engineer before giving report. At this stage, it can be presumed that an amount of Rs. 5,33,316/- is due from the applicants. When query was made with advocate for the applicant that as to whether they are ready to deposit amount, advocate did not reply to this query. It is public money and incidents of misappropriation of 3 Cri.A.2225.11 public money are increasing day by day. In such cases anticipatory bail can not be granted. The amount is to yet to be recovered and custodial interrogation is necessary, so application stands rejected. No further interim relief. Sd/- [ T.V.NALAWADE, J.] MTK