(1) CRI.APP. 3222.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3222 OF 2010 Shri Laxman S/o Shrimant Landge, Age : 46 years, Occu.: Service, R/o. Lakhangaon, Post Uti, Tal. Ausa, Dist. Latur .. Applicant VERSUS 1. The State of Maharashtra Through Police Station Dhoki Tal. and Dist. Osmanabad (Copy to be served through the Public Prosecutor, High Court, Bench at Aurangabad) 2. The Superintendent of Police, Osmanabad Dist. Osmanabad .. Respondents Mr. R.P. Bhumkar, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail. 2. The applicant is Gram Sevak and allegedly failed to execute the work required to be done in (2) CRI.APP. 3222.2010 pursuance to the scheme called “Gramin Rozgar Yojana”. He allegedly misappropriated the amount. His contention was that he had paid the amount for digging of the drainage line but the Upa-Sarpanch and other two members had obstructed the work. He had to seek Police protection for commencement of the work. He contended that he is not at fault. As against this, the Investigation Officer submitted before the Court of Sessions that custodial interrogation of the applicant would be necessary because the amount of advances received by the applicant was required to be recovered. 3. The applicant has now deposited the entire amount. The learned APP Mr. Borade makes a statement that the amount is received by the Office and may be utilised for execution of the work and administrative action is already taken against the applicant in this behalf. 4. Considering the fact that the applicant has deposited the amount, presence of the applicant with (3) CRI.APP. 3222.2010 the Police is not necessary for purpose of any recovery as such. He has shown bonafides. 5. In the result, the Application is allowed. The applicant is directed to be released on bail in the event of his arrest, on furnishing of bail bond in terms of ad-interim order dated 13.8.2010 which stands confirmed on further condition that he shall attend Dhoki Police Station on each Sunday between 10.00 am. to 2.00 pm. and shall co-operate with the Investigation Officer. His attendance at the Police Station will be for four consecutive Sundays hereinafter or till the filing of the chargesheet, whichever is earlier. The anticipatory bail will come to an end on filing of the chargesheet. Sd/- [V.R. KINGAONKAR, J.] arp