1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 260 of 2011 (Sudarshan S/o. Uttamrao Shinde Vs. The State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.D. Bhuibhar, Advocate for the applicant. Mr. N.R. Rode, APP for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 2 nd AUGUST, 2011. Heard both sides. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. On the allegations that the funds, allotted to the Village Panchayat, Katkheda, Tahsil Pusad, District Yavatmal, during year 2005-2007, were misappropriated by the Sarpanch, Secretary of the Village Panchayat and the Junior Engineer, offence bearing Crime No. 72/2011 came to be registered with Police Station Pusad (Rural). Thereafter, there was enquiry and the financial liability was fixed. Enquiry was conducted by the Chief Executive Officer, Zillha Parishad, Yavatmal. The liability of about Rs.1,00,000/- was saddled on the present applicant. With effect from January, 2009, an amount at the rate of Rs.3,000/- per month is being deducted from his salary. Against this order of fixing the liability, the applicant has filed an appeal before the Divisional Commissioner, Amravati, being appeal no. 2 38/2009 on 21/02/2009 and it is pending before him. It is his case that he does not accept his liability, which has been saddled on him as per the enquiry report given by the Chief Executive Officer, Zillha Parishad, Yavatmal. He has also raised other technical objections. Few relevant factors are : Allegations of misappropriation pertain to the year 2005-2007, the detailed enquiry has been conducted, the responsibility has been fixed and the recovery of amount is being made from the salary of the applicant right from January, 2009. In that light of the matter, the question of custodial interrogation of the applicant is totally unwarranted. Hence, the application is allowed in the following terms. In the event of arrest of the applicant-Sudarshan S/o. Uttamrao Shinde, in Crime No. 72/2011, registered with Police Station Pusad (Rural) for the offences punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code, he be released on his furnishing P. R. Bond of Rs.5,000/- (Rupees Five Thousand Only) with one surety in the like amount. Hamdast allowed. JUDGE *sdw