Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. COMMON ORDER CRIMINAL APPLICATION NO.3968/2008 [Ashokrao Tathod ..vs..State] ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Chopde, Advocate for applicant Shri Mirza, A.P.P. for state CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 20, 2008. This is an application under section 438 of Criminal Procedure Code by a Sarpanch for being admtited to bail in the event of his arrest for offence punishable under sections 409 and 420 of Indian Penal Code. It is allegede that the funds of 4,02,350/- were misappropriated by the applicant as well as the Secretary of the Gram Panchayat. The Secretary of the Gram Panchayat has deposited 2,01,175/- . Learned counsel for the applicant states that his client has no role to play in misappropriation, however to show his bonafides he is ready to deposit a sum of Rs.1,00,600/- within a period of one week before the learned Judicial Magistrate First Class Balapur. The amount to be deposited be invested by the learned Magistrate, in local branch of State Bank of India so as to fetch maximum interest and shall be treated as property in the case to be dealt with finally at the time of delivery of judgment in the case. In view of this, after perusing the reply filed by the learned A.P.P. and hearing him, it seems that custodial interrogation of the applicant may not be necessary. Applicant be released on P.R. in Rs.25,000/- with one solvent surety in the like amount, with a condition that he shall create charge on property worth Rs.1,00,600/- before the learned Judicial Magistrate First Class, Balapur in addition to deposit of Rs.1,00,600/- which he undertakes to deposit within a period of one week. Applicant shall make himself available for interrogation as and when directed by the Investigating Officer and initially report on 24.11.2008 at 10.00 a.m. at Police Station concerned. Application stands disposed of. JUDGE smp.