1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3031 OF 2010 Ishwarlal S/o Anandrao Patil ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. V.J. Dixit, Senior Counsel holding for Mr. M.S. Deshmukh, advocate for applicant. Mr. P.P. More, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 24 th November, 2010. PER COURT : 1. The application is for anticipatory bail under Section 438 of the Criminal Procedure Code. 2. Heard learned Senior Advocate, Mr. Dixit and the learned A.P.P. for State, and perused the investigation papers. 3. The applicant is retired Cashier who was working as such in the office of Civil Hospital, Jalgoan between 1st April, 2006 to 31st August, 2009. It appears that during course of audit inspection, several lapses were noticed, which indicated that there were wrong entries made in the accounts, there were also erroneous entries regarding the deposits made in the treasury. It 2 was found that amount of Rs. 41,01,199/- was loss caused to the Government due to inaccuracy committed while maintaining the amounts and while depositing the amounts in the treasury. 4. The material on record, prima facie, shows involvement of the applicant in as much as he was the custodian of the cash amount, which was to be accepted and disbursed. It is argued that he acted under the instructions of Superior Officer. This fact, however, is required to be verified by way of investigation. The learned A.P.P. points out that some vouchers are recovered from the cupboard, which were found locked and kept in the office of Civil Surgeon, and therefore, relevant documents need to be confronted to the applicant as well as his presence may be required to obtain information regarding the manner in which the amounts were embezzeled. Considering the fact that the applicant is having domain over the concerned registers and the cash amounts, it can not be said that his arrest is likely to be without any foundation. Consequently, the application is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri3031.10