{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2433 OF 2010 Sanjay Prakash Jain & Another APPLICANTS VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.B.Yawalkar, Advocate for the applicants Mr. S.G.Nandedkar, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 19 th July 2010 PER COURT: 1. By this application, the President and Secretary of Rural Water Supply Scheme for village Maldabhadi, Tq-Jamner, have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.57/2010 registered with Jamner police station for an offence punishable u/s 408 and 420 r/w 34 of the Indian Penal Code. 2. It appears that interim protection was granted to the applicants on 30.06.2010. {2} 3. Today, when the matter came up for final hearing, heard learned counsel for the applicants followed by learned APP. Also perused the papers of investigation. 4. Undisputedly, a scheme was introduced for Maldabhadi village under the Rural Water Supply Scheme for which total funds of Rs.9,41,778/- was sanctioned. It appears that accordingly, an account was opened with the State Bank of India, Branch Jamner bearing A/c No.11338205945 and the authority to operate this account was given to the present applicants. It appears that the present applicants took charge of the said scheme on 26 th January 2008 and since then they are operating the said account. It also appears that for the purpose of work carried out, an amount was sanctioned to the tune of Rs.3 lacs to be spent for the period 2008-09. Account statement of the said account demonstrates that the amount was withdrawn by the applicants in the sum of Rs.2,80,656/-. As various complaints in respect of the misuse of the funds sanctioned for the work of the said scheme, were received, a committee was appointed to verify the work. Before lodging of the complaint, it appears that on 18th March 2010, show cause notice was issued to the applicants as during the verification it was revealed that though the amount in the sum of Rs. 2,80,656/- was withdrawn from the said account / spent by the present applicants, yet the actual work certified by the committee was in the sum of Rs.1,28,657/- and hence it is alleged that the remaining amount is misappropriated by the applicants. The {3} applicants have replied the show cause notice on 18th March 2010. Learned counsel for applicant contends that the applicants had carried out two works i.e. one is digging of a well and to lay pipeline from the dam to Mal Dabhadi and for that work they have spent Rs.1,96,532/- and the other work which was carried out by them at Wadi Pazar Talao where one more well was dug and pipe line was laid and for that purpose expenditure of Rs.84,275/- was incurred. Though this fact is addressed to the Court, yet the same was not mentioned in the reply given by the applicants on 19.03.2010. 5. Apart from it, the applicants are the members of the local body, which has to carry out the said work and hence require to maintain account of the work carried out by them. It is submitted that the entire record of the society is seized by the IO. The entire record is placed before me, which no where shows that record / account was maintained by the said society while implementing the scheme. As no accounts are coming before this Court in respect of utilization of the public funds by the applicants, no case is made out to enlarge them on anticipatory bail. In the result, the application, which is sans merits, stands rejected. Interim protection granted on 30.06.2010 stands vacated. [A.V.POTDAR, J.] drp/B10/criapln2433-10