IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3508 OF 2009 WITH CRIMINAL APPLICATION NO. 3509 OF 2009 WITH CRIMINAL APPLICATION NO. 3612 OF 2009. Rajendra Janardhan Hire Subhash Sukdeo Ahire Pushpa Bharat Hire ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ..Respondent. Mr.M.N.Sandhyanshiv, Adv. for the applicants. Mr.Y.M.Nakhwa & Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 24th Sept., 2009. PC: The Central Government had launched a scheme with effect from 25.9.01 with a view to provide employment so also food grains to the villagers who are ready and willing to take up any work which is offered to them. Payment of wages under the said scheme is by two modes viz. in cash and the other by supply of food grains. The scheme is to be implemented at the village level by gram panchayat. In the implementation of the said scheme various irregularities and illegalities are noticed. Some of the villagers filed private complaint before the JMFC where in order under section 156(3) came to be passed and hence crime is registered and is being investigated into. The present applicants during the relevant time were the elected members of the gram panchayat. According to the prosecution the applicants along with other co-accused have submitted bogus list of persons which 1 includes the names of persons who are dead and who are not in existence. By so furnishing the bogus list money and food grains has been sanctioned and misappropriated by the accused persons. Hence offence under sections 420, 465, 467, 468, 471, 406 read with section 34 of IPC has been registered. 2. According to the learned counsel for the applicants the present applicants are innocent and money and food grains are withdrawn under the signature of Sarpanch and Gram Sewak. Hence present applicants are not responsible and/or accountable for distribution of money and food grains under the scheme. The Sarpanch is absconding. According to the learned APP unless and until custodial interrogation of the present applicants is permitted it will not be possible for the investigating officer to recover relevant documents such as bogus list and other connecting material which would be necessary in furtherance of thorough and proper investigation. Having regard to the totality of facts and circumstances as it is revealed that funds and food grains assigned under welfare scheme meant to cater lower status of society has been misappropriated in my view, this is not a fit case for grant of anticipatory bail. Hence applications stand rejected. 24.9.2009. 2