1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2748 /2009 ( Smt.Manda Dnyaneshwar Shende vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr S S Joshi Adv. for applicant Mr.Anup Parihar, APP for respondent-State C ORAM : A.P. BHANGALE, J. DATED : 21st August, 2009. Heard learned counsel for the respective parties. 2. An interim anticipatory bail was granted int his case on 3rd August 2009 since the learned APP sought time to file reply. It is contended that on behalf of the applicant that Measure Book was already verified by Government officials concerned and they had found material on the spot which was verified. According to learned APP, the accused has misappropriated the amount to the tune of Rs.1,70,905/-. According to Respondent-State the accused has made extra payment of Rs. 30,000 to the Contractor; material to the tune of Rs.98,800/- was not found on the spot and the expenses in the sum of Rs. 42, 025/- were incurred extra for purchasing for pump-sets and machines. Thus, almost entire amount sanctioned was spent while 20 % of the allotted work still remained incomplete. Thus, according to learned APP ample documentary evidence has been collected against the applicant to point out that she is involved in misappropriation to the tune of Rs.1,70, 905/-. 3. Without expressing any opinion as regards merits in respect of the material collected during the course of investigation and bearing in mind that earlier learned Ad-hoc Addl.Sessions Judge, who was approached by Misc.Cri. Appln No.358/2009 passed order dated 10.11.2009 2 rejecting the anticipatory bail of the present applicant, I think the regular court cannot be by-passed, which may consider the material collected and hear and decide the bail application on it own merits and in accordance with law. To enable the applicant to approach the regular Court, the interim anticipatory bail is extended up to 4th September 2009. The applicant may formally surrender herself before the regular court concerned i.e. JMFC Samudrapur Dist. Wardha and apply for bail on merits. If such an application is moved, the regular Court is directed to consider the same expeditiously and dispose of the same on its own merits and in accordance with law. It is made clear that the observations made herein shall not influence the Court below, while considering the bail application. It is further clarified that the interim anticipatory bail is extended until 4th Sept.2009 only and shall expire automatically by that date. Application stands disposed of. JUDGE. sahare