1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.101 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Tq. & Dist. Nanded. ...APPLICANT (ORI.RESPONDENT VERSUS Uttam s/o Bhujangrao Kanthale, Age: 40 years, Occu: service, r/o. Narharnagar, Taluka and Dist. Nanded. ...RESPONDENT (ORI.ACCUSED) ... Mrs. B.R.Khekale, APP, for applicant. ... CRIMINAL APPLICATION No.102 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Tq. & Dist. Nanded. ...APPLICANT (ORI.RESPONDENT VERSUS Uttam s/o Bhujangrao Kanthale, Age: 40 years, Occu: service, r/o. Narharnagar, 2 Taluka and Dist. Nanded. ...RESPONDENT (ORI.ACCUSED) ... Mrs. B.R.Khekale, APP, for applicant. ... CRIMINAL APPLICATION No.147 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Dist. Nanded. ...APPLICANT (ORI.COMPLAINANT) VERSUS Sheshrao Ekanathrao Kadam, Age: 44 years, occu. Service, As Sr.Clerk, Higher Secondary Education, Nanded, Dist.Nanded. ...RESPONDENT ... Mrs. B.R.Khekale, APP, for applicant. ... CRIMINAL APPLICATION No.148 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Dist. Nanded. ...APPLICANT (ORI.COMPLAINANT) 3 VERSUS Madhukar s/o Maroti Mawade, Age: 50 years, occu. Sr. Clerk in Higher Secondary Education, r/o. Nanded, Dist. Nanded. ...RESPONDENT ... Mrs. B.R.Khekale, APP, for applicant. ... CRIMINAL APPLICATION No.149 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Dist. Nanded. ...APPLICANT (ORI.COMPLAINANT) VERSUS Manjusha d/o Govindrao Sirdeshmukh, Age: 36 years, occu. service, r/o Nanded. ...RESPONDENT ... Mrs. B.R.Khekale, APP, for applicant. ... CRIMINAL APPLICATION No.150 of 2003 The State of Maharashtra, Through Police Station, Vazirabad, Dist. Nanded. ...APPLICANT (ORI.COMPLAINANT) 4 VERSUS Shankar s/o Dashrathrao Bande, Age 52 years, occu. Service, r/o. Pornimanagar, Nanded. ...RESPONDENT ... Mrs. B.R.Khekale, APP, for applicant. ... ... CORAM: K.U.CHANDIWAL, J. DATE:27/8/2009 ... P.C.: 1. Heard learned A.P.P. Perused the record. 2. The respondents/accused were on different positions in Government Department. The Joint Director, Higher Education, Nanded, lodged report with the Police, Vajirabad, on 24.9.2002, alleging that the applicants had misappropriated amount of Rs.4,44,064/-, giving rise to Crime Nos. 198/2002, 155/2002( Uttam s/o Bhujangrao Kanthale in both crime numbers), 214/2002 (Sheshrao Eknathrao Kadam), 203/2002 (Madhukar Maruti Mawade, Manjusha d/o Govindrao Sirdeshmukh, Shankar s/o Dashrathrao Bande). 3. In Crime Nos. 46/2002, 178/2002, 5 198/2002, the allegations were that different amounts belonging to the Government to the tune of totally Rs.1,40,77,000/- was misappropriated. Respective accused were released by the learned Judge by orders dt.18.10.2002, 2.11.2002, 1.11.2002 and 23.10.2002. 4. The gravity alleged against the accused is of a serious consequence as there is misappropriation of Government amount to the hopping sum indicated hereinabove, giving rise to offense under Sections 409, 420, 467, 468, 471, 120 read with Section 34 of IPC. The fact remains that the accused/respondents have enjoyed bail since 2002 and there is nothing to demonstrate that they have betrayed the terms of the bail or influenced the witnesses or tampered the record. The accused being Government servants, have not crossed the limits of the terms of bail. I do not see any reason to vary the order of grant of bail, due to efflux of time and there is no eventuality to show that the impugned order is perverse. Respective applications dismissed. (K.U.CHANDIWAL) JUDGE ... agp/101-03craplgr ...