Cri. Apln. Nos. 1568, 1691/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1568 OF 2011 Reshma w/o. Dhananjay Jadhav, Age 32 yrs., Occu. Household, R/o. Darphal, Tq. & Dist. Osmanabad. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. Vivekanand B. Deshmukh, Advocate for applicant. Mr. N.H. Borade, APP for respondents. WITH CRIMINAL APPLICATION NO. 1691 OF 2011 Balasaheb s/o. Keshavrao Ghute, Age 55 yrs., Occu. Agri., R/o. Darphal, Tq. & Dist. Osmanabad. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Sanjay A. Wakure, Advocate for applicant. Mr. N.H. Borade, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 8th June, 2011. PER COURT : 1. Both applications are filed under section 438 of Criminal Procedure Code in Cr. No. 23/2011 registered in Bembli Police Station, Osmanabad for offences punishable under sections 409, 420 and 34 of Cri. Apln. Nos. 1568, 1691/2011 2 the Indian Penal Code. APP has made available papers of investigation for perusal. Both the sides are heard. 2. The applicant from the second proceedings was the President of Jalswarajya Scheme of the Government. The applicant from the first proceedings was the Secretary. Allegations are made against them by Zilla Parishad that the total amount of the scheme was Rs. 24,68,630/- and as per the measurement the payment of Rs. 17,96,055/- could have been made to the contractor. It is contended that it needs to be presumed that the amount of Rs. 4,35,575/- is in the hands of President and Secretary. As this amount is not deposited in the account, they have misappropriated the amount. 2. It is submitted for the applicants that they have made the payment of entire amount to the contractor and if the excess amount is paid, the amount can be recovered from the contractor. APP has produced the report given by the Engineer of Zilla Parishad in respect of measurement. It appears that the record in respect of the payment and contract work is collected by police. This Court had directed these applicants to deposit the amount of Rs. 2 lacs, each, in respect of the amount shown to be due from them and accordingly, they have deposited the amount. Today the receipts in respect of the remaining amount are produced by two applicants. The amount was to be utilized Cri. Apln. Nos. 1568, 1691/2011 3 for execution of the scheme from 13.5.2006 to 21.3.2011. It was submitted for the Secretary that she is carrying two months baby and in view of these aforesaid circumstances, police should not need the custodial interrogation. It was submitted for the President that as the amount is now deposited and there is clear probability that it is the case of irregularity, the amount be recovered from the contractor. In view of these circumstances, relief can be given to the President also. Interim relief is already given by this Court to applicants. In view of the aforesaid circumstances, the relief can be granted, subject to some conditions. So the following order. (1) Both applications are allowed. (2) Both the applicants are to be released on bail in case of their arrest in Cr. No. 23/11 registered in Bembli Police Station for offences under section 420, 409 and 34 of Indian Penal Code. The applicants are to co-operate during investigation. The President is to attain the concerned police station for one month on every Sunday between 10 am to 12 noon. They are not to tamper with the prosecution evidence. [ T. V. NALAWADE, J.] ssc/criapln1568,1691/11