1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3615 OF 2010 Vijayabai W/o Manik Zombade Age : 60 years, Occ : Household, R/o Pimpalwadi, Tq. Washi, Dist. Osmanabad At present residing at Bhagatsing Nagar No.1, Opp. Ganpati Medical Stores, Link Road, Goregaon West, Mumbai-104 ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENTS ......... Mr. S.A. Wakure, advocate for applicant. Mr. S.G. Sonawane, A.P.P. for respondent. ........ WITH CRIMINAL APPLICATION NO.3276 OF 2010 Ramesh S/o Arjun Undre Age : 45 years, Occ : Agri., R/o Pimpalwadi, Tq. Washi, Dist.Osmanabad. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. B.A. Dengle, advocate for applicant. Mr. S.G. Sonawane, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 6th September, 2010. 2 PER COURT : 1. These are the applications for anticipatory bail and bail respectively, filed by the Chairman and the Secretary of the Scheme called “Gram Jal Swaraj Project”. 2. The applicants were required to execute the work of installation of pump set and refiling of well in order to provide drinking water to the villagers. The amount of Rs.20,94,763/- was granted. It appears that after inspection it was found that though the amount of Rs.10,49,759/- alongwith administrative expenditure of Rs.24,926/- was sanctioned yet the work executed by the applicants was only partly executed though the entire amount was made available to them. It was found that an amount of Rs.8,76,296/- was deficit. Therefore, Branch Engineer of the Project lodged a report against them. 3. Applicant-Vijayabai is old aged woman and alleged that she is not directly concerned with the execution of the work. The learned Advocate appearing for applicant-Vijayabai submits that she is ready to deposit Rs.3,00,000/- (Rs. Three Lacs) for the purposes of ensure execution of the remaining work, without prejudice to her rights and by way of adhoc arrangement. He submits that this amount is to be deposited by the applicant to 3 show her bonafides because she is not residing at the village and is not directly incharge of the execution of the work. 4. It would be appropriate, prima facie, to grant liberty to applicant-Vijaya in view of the expression of her bonafides and in view of the fact that the direct control over the work was of the Secretary and she is presently residing in the locality of Goregaon (West), Mumbai. 5. So far as applicant-Ramesh is concerned, he is already arrested and is seeking regular bail. On his behalf, Mr.Dangle submits that applicant is ready and willing to deposit Rs.2,00,000/- (Rs. Two Lacs) in order to get the work completed and will ensure that the work is expeditiously done. The applicant desires to show his bonafide, without prejudice to his rights and contentions regarding the absence of mensrea. 6. Considering foregoing reasons and bonafides which are shown by the applicants, their bail applications are granted in the following terms : (a) Applicant-Smt.Vijayabai shall be released on bail, in the event of arrest, if she would furnish Bail Bond in the sum of Rs. 4 15,000/- (Rs. Fifteen Thousand) before the Arresting Officer on condition that she shall deposit an amount of Rs.3,00,000/- (Rs. Three Lacs) within three weeks, in the concerned account of Jal Swaraj Scheme. She also undertakes to attend the Investigating Officer as and when called for the purposes of investigation. (b) Applicant-Ramesh be released on bail on furnishing Bail Bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) before the learned Chief Judicial Magistrate, Osmanabad, on the condition that he shall deposit amount of Rs.2,00,000/- (Rs. Two Lacs) in the concerned account of Jal Swaraj Project within a period of two weeks and if the amount is not deposited immediately arrest warrant shall be issued against him by canceling the bail order. (V.R.KINGAONKAR) JUDGE gas/cri3615.10