1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPLICATION NO. 2957 OF 2009 ALONGWITH CRIMINAL APPLICATION NO. 2973, 3026, 3030, 3054, 3055 & 3344 OF 2009 Bharat Balbhim Shendage Raju Kamlakar Bhosale Vivekanand Gangadhar Polawar Manohar Narsing Kawale Arun Ganpat Waghmare Ramesh Balwant Joshi Mahadeo Rakhmaji Jadhav ........Applicants versus The State of Maharashtra ........Respondent. Mr. Shekhar Ingawale & Ashok Misal adv. for the Applicant in Appln Nos. 2957 & 3026/09. Mr5. Rajeev Patil i/b Mr. Priyal Sarda for applicant in Appln No. 2973/09. Mr. V.V. Purwant for applicant in Appln Nos. 3030 & 3344/09. Mr.S.B. Shetye i/b Mr. Neel G. Helekar for applicant in Appln Nos. 3054 & 3055/09. Mr. J.P. Yagnik APP for the Respondent CORAM: A. P. DESHPANDE, J. DATED : 14th August, 2009. P.C.: 1. These applications are heard together as all the applicants are apprehending arrest in C.R. No. 46/09 of Sadar Bazar police station for offences punishable under 2 sections 420, 468, 471 read with 34 of IPC. The present applicants are all State Government Employees working at the relevant point of time in Social Welfare Department in Solapur district. 2. Central Government had sponcered a scheme where under scholarship amounts were made available to the children of the weaker strata of the society and who were engaged in `unclean occupation’. The purpose behind grant of scholarship to the children below the level of matriculation was to provide financial assistance to the weaker section of the society. The scheme was sanctioned by the Central Government and the same was to be implemented through Social Welfare Department. The scheme was being operated in Solapur district from the academic year 2001-2002 onwards. In the present applications the relevant period is from academic year 2001 - 2002 to 2006 - 2007. From the year 2001 to 2005 the procedure that was followed for disbursement of the amount to the eligible students was that the Head Masters of the recognized school used to receive the applications from the parents of the eligible students in a prescribed form. If the student was found to be eligible the Head Master was supposed to recommend the said application by forwarding the same to the office of Social Welfare office. All the recommended proposals by the Head Master of the recognized schools were to be scrutinized in the office of Social Welfare Department. The applications 3 were to be rooted from the table of the Clerk. Inspector, Extension Officer, BDO, Social Welfare Officer etc. in that hierarchy. Various complaints were received by the Chief Executive Officer of the Zilla Parishad from the parents of the students, who had applied for grant of scholarship that their wards have not been paid the amount of scholarship. In view of the receipt of the complaint the Chief Executive Officer of the Zilla Parishad set up a team of 50 officers and by order dated 20-2-2008 directed the said team to carry out inspection in some of the schools based on random selection and further directed to submit a report in that regard. One Mr. B.P. Nemade was heading the said team. After carrying out inspection, first report of the enquiry was submitted wherein very many short comings are reported. It was informed that there are seven schools to whom scholarship amounts are released, which are not in existence at all. Some other schools were found to be having no recognition despite that amounts of scholarship were released and lastly it was found that students who were not eligible are paid the amount and eligible students are not paid. The very shocking part of the enquiry report is that non existence schools were released amount of scholarship. Hence a thorough enquiry was again conducted and therein it is revealed that in the said district, there are 17 schools which do not exist and despite non-existence of the schools, various amounts are paid by demand draft and 4 by opening accounts in the bank money has been withdrawn. A large scale fraud came to be detected wherein huge amounts are mis-appropriated by forging various documents. Offence vide C.R. No. 46/09 punishable under section 420, 468, 471 read with 34 of IPC came to be registered. The present applicants are the employees working in Social Welfare Department during the relevant period when the amount has been mis- appropriated and they are apprehending arrest. The applicants in these applications are holding various posts right from Social Welfare Officer to Clerk. True it is that some of the applicants have only held additional charge of a post under the Social Welfare Department. Some of the applicants as a matter of fact have held the concerned posts for a limited period. The submission on behalf of such applicants who had either held charge of the posts in addition to the substantive charge or those who held the posts for a limited period is that it is most unlikely that those applicants would be a part of larger conspiracy which appears to have been operated for a period from the year 2001 to 2007. Hence such applicants have been found to be not responsible by the higher authorities. My attention is invited to some of the recommendations made by the Director of Social Welfare to contend that persons who have held additional charge of a post in Social Welfare Department or those who have held the charge for a very limited period cannot be prima 5 facie found to be responsible. Having regard to the magnitude of the scam, I find it very difficult at this stage while considering the application for grant of anticipatory bail to assess the responsibility of a post held by a given applicant, the decree of responsibility which could be fasten to a given post or the actual involvement of the applicants or any of them for that matter. According to the affidavits filed on record by the learned APP it is indicated that very many persons appear to be involved in the scam which has not only resulted in mis- appropriation of public money siphoned out of a welfare scheme but deprived the eligible and needy persons of the benefit under the scheme. Having regard to the facts and circumstances of the present case, I am of the clear view that a thorough investigation is called for. 4. In the facts of the present case custodial interrogation of some persons as well would be required. If and in case the present applications or any of those are to be allowed, the same is likely to jeopardize the investigation itself. Merit of a individual applicant is not possible to be tested at this stage when the investigation into a huge scam is in progress. True it is that some of the applicants would suffer hardship on account of denial of the relief prayed for. However, personal liberty has to be properly balanced with the public interest involved. Having regard to the public interest and treating the same 6 to be paramount in the context of the present scam, I am constrained to reject the applications. Applications thus stand rejected. 5. At this stage, the learned counsel for the applicants submit that in these applications interim orders are operating and hence a prayer is made to continue the same for a period of four weeks so as to enable the applicants either to approach the Supreme Court or to surrender. The prayer made appears to be reasonable. Hence the interim protection granted to the applicant shall continue for a period of four weeks from today. It is made clear that under no circumstance the time would be extended. (A. P. DESHPANDE, J.)