- 1 - 676 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. ANTI.BAIL APPLICATION NO. 676 OF 2011 Santosh Kashinath Sakat .. Applicant vs The State of Maharashtra .. Respondents ( at instance of Sr.P.I.Vadgaon Nimbalkar police Stn) Mr.K.S.Patil i.b. Mr.Prashant Hajare for Applicant Ms.S.V.Sonavane APP for State CORAM: J.H.BHATIA, J DATE: 26 th August 2011 P.C. 1. Heard learned counsel for the parties. The Applicant who is a Gramsevak of Gram panchayat Vadgaon seeks anticipatory bail in C.R.No.103 of 2011 registered with Vadgaon Nimbalkar police station under sections 406, 409, 420, 468, 471, 477 read with section 34 of IPC on a report lodged by one Bhanudas Salve. It is alleged that misappropriation of Rs.1,39,500/- was committed by the present Applicant and village Sarpanch in carrying out certain works. This - 2 - 676 allegation was made on the basis of complaint made by one Udhav Sawant. According to him the work was not done but, money was taken away by these persons. Learned counsel for the applicant points out that previous Contractor had left the work incomplete. The Gram Panchayat had passed a resolution to give the work to Udhav Sawant but the Executive Engineer, Zilla Parishad did not allot the work to Udhav Sawant. Therefore, the Gram panchayat passed a resolution to do the work itself and accordingly the order was passed by the Executive Engineer in favour of the Sarpanch of the village. Therefore the work was done by Gram panchayat. Taking into consideration the facts and circumstances of the case, in my opinion, custodial interrogation of the Applicant does not appear to be necessary, custodial interrogation is not necessary. 2. Therefore in the event of arrest in - 3 - 676 C.R.No.103/2011 registered with Vadgaon Nimbalkar police station, the Applicant be released on executing P.R. of Rs.15,000/- with one or two sureties in the like amount with the condition that he shall make available to the police for the purpose of interrogation and investigation and shall not misuse the bail. J.H.Bhatia, J