1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.266/2011. (Shivling Shivaji Dubukwad Vs. State of Maharashtra thro. PSO PS Pusad, Dist. Yavatmal) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. K.S. Narwade, Advocate for Applicant. Mr. N.R. Rode, APP for Respondent/State. .......... CORAM: M.N. GILANI, J. DATE: 08.08.2011. This Court, by an order dated 02.08.2011, allowed application for anticipatory bail of one of the co-accused in the same crime. The applicant, is the Junior Engineer on the establishment of Zilla Parishad, Yavatmal. During the year 2004-2005, the work of constructing road in the village Katkheda was undertaken. Thereafter, it was alleged that serious irregularities were committed while executing this work. An amount of about three lakh was misappropriated jointly by the present applicant, Secretary of the Village Panchayat and the Sarpanch. This was followed by the enquiry by the Chief Executive Officer, Zilla Parishad. In that, the liability was fixed on three persons including the present applicant. The liability of 2 Rs.89,106/- was fixed on the present applicant and it was to be recovered from his salary. It is mentioned in the application that the entire amount of Rs.89,106/- has been recovered from his salary. The decision of fixing the liability has been challenged by him by filing an appeal before the Divisional Commissioner, Amravati and the same is pending. On similar set of facts, this Court allowed the application of Sudarshan s/o Uttamrao Shinde, the then Secretary of the Village Panchayat. Considering the fact that entire amount of liability has been recovered and the alleged period of irregularities is of the year 2005-2007, this application will have to be allowed. In the event of arrest of the applicant-Shivling s/o Shivaji Dubukwad, in Crime No.72/2011, registered with Police Station Pusad (Rural) for the offences punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code, he be released on his furnishing P.R. Bond of Rs.5,000/- (Rupees Five Thousand Only) with one surety in the like amount. Hamdast allowed. JUDGE NSN