1 craba398.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.398/2011 ( Dr. Deokaran Shobharamji Patle ..Vs.. State of Maharashtra, through P.S.O. Police Station, Tumsar, Tah. Tumsar, Distt. Bhandara ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P.S. Chauhan, Adv. for applicant. Mr. V.A. Thakre, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 13.12.2011. 1. Heard both sides. The Government floated a scheme to provide medical assistance/aid to the rural population by engaging services of N.G.O's or Societies registered under the Societies Act. In respect of providing medical assistance to the villagers of village Hingana, Taluka Tumsar, Distt. Bhandara, the services of Gurukul Bahuuddeshiya Shikshan Sanstha were availed of. In turn, the said Society/Sanstha employed the applicant to run the clinic. For that, the said Society/Sanstha received financial assistance of Rs.1,24,000/- from the concerned department of the Government. It is alleged that the said Society/Sanstha did not at all run the clinic and as such 2 craba398.11.odt misappropriated the amount. 2. The period for which the medical assistance/aid was to be provided to the villagers was from 2007 – 2008. The F.I.R. came to be lodged on 12/10/2010. 3. Even assuming that the allegations in the F.I.R. are true, the main accused appears to be Gurukul Bahuuddeshiya Shikshan Sanstha having their office at Khapa. The contract of providing medical assistance/aid was between the Society/Sanstha and the concerned department of the Government to run the clinic. Considering the peculiar facts and circumstances of the case and also the fact that one year has elapsed since the date of lodging F.I.R., the discretion of issuing directions under section 438 of the Criminal Procedure Code can be exercised in favour of the accused. 4. The application is allowed. 5. In the event of arrest of the applicant in Crime No.195/2011 registered with the police station Tumsar, Tah. Tumsar, Distt. Bhandara for the offence punishable under sections 420, 406, 409 read with 34 of the Indian Penal Code, he is directed to be released on bail on his furnishing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two solvent 3 craba398.11.odt sureties in the like amount with condition that he shall attend the police station Tumsar for a period of one week starting from 15/12/2011 at 10 a.m. to 2 p.m. and as and when called by the Investigation Officer for the purpose of investigation. 6. Hamdast allowed. JUDGE Tambaskar.