1 ABA : 560/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.560 OF 2011 Vinayak Narayan Gaikwad .... Applicant Vs. Balkrishna Bhandari & Others .... Respondents Mr. Rahul Thakur a/w Samata Kakade & Sonia Ekbote, for applicant. Mr. P.D. Paranjape, Advocate for respondent no.1 Mrs. G.P. Mulekar, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 11th July, 2011 P.C. 1. The applicant herein seeks anticipatory bail in connection with C.R. No. 9 of 2011 registered with Bund Garden Police Station under Sections 409, 420, 465, 477-A, 468 read with 34 Indian Penal Code. Respondent No.1, the original complainant, filed the complaint being Regular Criminal Case No. 4407 of 2010 in the Court of Judicial Magistrate First Class, Court No.3, Pune alleging offences under Sections 309 and 420 Indian Penal Code against the applicant. By the order dated 16th October 2010 passed thereon, the learned 2 ABA : 560/2011 Magistrate directed Police investigation under Section 156(3) Cr.P.C.. Therefore, the Police registered the offence vide C.R. No.9 of 2011 with Bund Garden Police Station under Sections 409, 420, 465, 477- A, 468 read with 34 Indian Penal Code.. The applicant threafter preferred an application for anticipatory bail to the Sessions Court, which was rejected by the order dated 16th June 2011. The rejection was on the ground that the custodial interrogation of the applicant is requiredin respect of list of the participants prepared “ and signatures appearing thereon regarding so called payment made to them towards Travelling Allowance and Dearness Allowance .” 2. The applicant is the honourary treasurer of Taekwondo Association of Maharashtra, which is affiliated to Indian Olympic Association. The Association arranges pre-competition camps and competitions in accordance with the rules of Sports and Youth Services Department, Maharashtra. As per rules, the participants, coaches and managers are eligible for Travelling and Dearness allowances. The said expenses are initially incurred by the association and subsequently on receipt of list of the participants through coaches and managers duly signed by the participants, the Sports and Youth Services Department, Maharashtra reimburses the same. 3 ABA : 560/2011 3. Respondent no.1 the complainant alleges that during the period 2006 to 2009, various events were organised by Taekwondo Association of Maharashtra, for which none of the participants, coaches and managers were paid travelling and dearness allowance. The applicant allegedly made bogus list of participants and made false signatures thereon and forwarded the same to the Department and obtained the reimbursement. According to respondent No.1, the office bearers of the Association have committed forgery and falsified accounts to deceive the Government. 4. The learned counsel for the applicant submits that there is no question of the applicant herein receiving any of the amount, because the practice followed is of spending the amount by the Association and thereafter getting reimbursement by the Government. He also submits that the list of participants along with their signatures thereon is collected ot by the applicant but by the respective coaches at the events of competitions or trainings. This list is to be forwarded by the applicant to the Government. 5. In these facts, it is seen that all the documents which are required for establishing the offence against the applicant is already in the custody of the Government. Similarly the particulars of the participants, who have allegedly not received the travelling and 4 ABA : 560/2011 dearness allowances is available with the Association and the total amount alleged to have been mis-appropriated would also be on record in the form of reimbursement by the Government. The applicant is associated with the Taekwondo Association of Maharashtra since long time. He carries on business in Mumbai. As such there can be no apprehension, as regards his availability for investigation. Hence, the application is allowed. In the event of arrest of the applicant in connection with C.R. No. 9 of 2011 registered with Bund Garden Police Station under Sections 409, 420, 465, 477-A, 468 read with 34 Indian Penal Code, he be released on bail in the sum of Rs.15,000/- with one surety in like amount. 6. The applicant shall attend Bund Garden Police Station for a period of one week from tomorrow, during the period 11 am. to 2 pm. and thereafter as and when required by the Police. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)