1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1462 OF 2010 (Deokrushna Sahadeo Mahalle .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Pankaj Gawande, Advocate for the applicant. Shri J.B. Jaiswal, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 21ST SEPTEMBER, 2010. Heard. By the present application, the applicant is seeking anticipatory bail in the Crime No. 149/2010 registered with the Police Station, Murtizapur for the offences punishable under Sections 420, 409, 468 and 471 of the Indian Penal Code. Learned Counsel for the applicant submits that the applicant is serving as Gram Sevak with the Zilla Parishad, Akola and his service record is clean and unblemished. The report came to be lodged with the Police Station, Murtizapur by the Extension Officer, Panchayat Samiti Mr. Ramesh Deshmukh. It is alleged in the said report that in certain schemes, such as, cleaning operation of the village, maintenance of the roads, water supply etc., the applicant has played fraud and misappropriated the amount to the tune of Rs. 78,060/-. It is also alleged that the applicant has tampered with the record. Learned Counsel for the applicants further submits that a notice was received by him through the Block Development Officer, Panchayat Samiti, Murtizapur on 22.06.2009 and as soon as the notice was received, the applicant, to show his bona fides, deposited an amount of Rs.46,000/- with the Zilla Parishad, Akola. Learned Counsel for the applicant further submits that the applicant had only to implement the schemes and he was having no authority over the financial affairs of the Zilla Parishad. He further submits that neither the audit was conducted nor 2 valuation was done by the appropriate agency. Learned APP has filed his reply and submitted that an enquiry was conducted against the application into the allegations of misappropriation. He further submits that if the protection is granted by this Court, it is apprehended that the applicant will not be available for further investigation. I have considered the contentions canvassed by the learned Counsel for the applicant and learned APP for the respondent/State and perused the record. I find considerable merit in the submissions of learned Counsel for the applicant. The objection raised by the learned APP can be taken care of by putting certain conditions on the applicant. Learned Counsel for the applicant, on instructions, submitted that the applicant is ready to deposit an amount of Rs.20,000/- to show his bona fides. In the result, the application is allowed. The applicant be released on bail in the event of his arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Murtizapur on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Murtizapur, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions 3 of law. The applicant is directed to deposit the amount of Rs.20,000/- in Zilla Parishad, Akola by Friday the 24th September, 2010. The application is allowed and disposed of accordingly. JUDGE *rrg.