1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.411/2011 ( Sanjay Shravan Dudhe ..Vs.. The State of Maharashtra, through P.S.O., P.S. Darwha, Tq. Darwha, Distt. Yavatmal ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.S. Deshpande, Adv. for applicant. Mr. S.S. Doifode, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 1.12.2011. 1. On the allegations that the applicant and two other accused persons misappropriated the funds of Zilla Parishad Teachers Cooperative Society, the offence bearing Crime No.109/2011 was registered with the police station Darwha under sections 420, 408 and 409 of the Indian Penal Code. 2. In fact, after considering the merits of the case, learned Additional Sessions Judge made it clear that these directions would remain in force for a period of one month from the date of the order. After one month the applicant was required to move again for the same relief. In para five of the order dated 21/11/2011 it is observed that : “Against it the learned A.P.P. has submitted that the accused committed misappropriation of an amount of Rs.2,43,962/- as per the report. The interim bail was 2 initially granted to the applicant due to apprehension of his arrest. Now the circumstances are very clear that he has deposited certain amount and the due amount of interest is pending means there is case of misappropriation and now there may not be apprehension. The payment made does not mean the case is fit to grant bail. There cannot be sympathy shown to the applicant but prayed for rejection of the application.” 3. It is strange that even after observing that the applicant had deposited the amount and that there was progress in the investigation, question of reviewing the earlier order dated 19/9/2011 did not arise at all. The observations of learned Additional Sessions Judge that the applicant did not cooperate with Investigation Officer are not well founded. In the result, the application is allowed. 4. The applicant is directed to be released on bail in the event of his arrest in Crime No.109/2011 was registered with the police station Darwha under sections 420, 408 and 409 of the Indian Penal Code on his executing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount. 5. Hamdast allowed. JUDGE Tambaskar.