1 CR.APP.NO.1732/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1732 OF 2009. 1. Tanhaji s/o Rambhau Borade. 2. Rambhau S/o Narhari Borade. ...Applicants. Versus 1. The State of Maharashtra. ...Respondent. ... Mr.S.B.Talekar, Advocate for the applicants. Mr.J.S.Gavane, APP for the respondent/State. Mr.K.B.Jadhavar, Advocate on behalf of the original complainant to assist the prosecution. ... CORAM: A.V.NIRGUDE,J. Date : 1st July, 2009. COURT'S ORDER: 1. The applicants are seeking bail in Crime No.M-49/2009 of Bhoom Police Station, Dist.Osmanabad. The original complainant one Anil Hazare lodged the complaint with the Judicial Magistrate (F.C.), Bhoom and alleged in it that the applicant in 1992-93, 1993-94 and 1994-95 took employments in two different colleges occupying three different posts and received 2 CR.APP.NO.1732/2009. salaries of all the three posts at one time. This, according to the complainant was illegal. The complainant alleged that the applicants could achieve this illegal enrichment with the help of the other accused who were the members of management of the education society, where the applicants took up employments. The complainant, however, does not cite any 'Rules' which had prevented such multiple employments etc. On the other hand, this incident took place long back about 15 years ago and that the employments were approved by the Education Department. I think if taking multiple employments in different colleges run by one institution or different institutions, would amounts to an offence and receiving salary from the Government for holding such posts amounts to an offence of criminal breach of trust or misappropriation, or cheating etc. It is the Education Department which should make a grievance of such act. Despite of the order passed by the learned Magistrate, directing the police to investigate the case under Section 156(3) of the Code of Criminal Procedure, 1973, the Investigation Officer, so far has not recorded statement of any Officer of the Education Department, I think the complaint is motivated to harass the applicants and other accused. In view of the fact that the incident in question had occurred about 14 years back, there is no need of custodial interrogation of the 3 CR.APP.NO.1732/2009. applicants, assuming an offence is made out against the applicants. The application is allowed. (i) The applicants shall be released on bail of Rs.5,000/- (Rs.Five Thousand only) each with one surety in the like amount, each, if they are arrested in this case. ii) Mr.K.B.Jadhavar, learned Advocate is permitted to assist the prosecution on behalf of the original complainant. Criminal Application No.2216/2009 in Criminal Application No.1732/2009 stands disposed of. (A.V.NIRGUDE,J.) lkp.