1 BA-1855-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1855 OF 2011 mhi 1. Shri Suresh Laxman Ahire ) 2. Smt. Mangala Pandurang Gaikwad ).. Applicants vs. The State of Maharashtra ... Respondent Shri S.K. Shinde, i/b. Makarand Panchakshari, Advocate for the applicant. Smt. R.V.Newton, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicants seek to be released on bail in Crime No.109/2011 registered with Chandwad Police Station, Nashik under Section 409 read with Section 34 of IPC. 2. Prosecution case, in brief, is that for drinking water supply scheme to be operated at Village Vitave, Taluka Chandwad, the Government had provided amount of Rs.22,51,072/-. For execution of work, a Committee of 13 persons was constituted. The applicant No.1 Suresh was Chairman and applicant No.2 Mangala was Secretary of that Committee. As per the valuation of the work, 2 BA-1855-11.sxw amount of Rs.18,00,634/- should have been spent. Thus, amount of about Rs. 4,43,000/- was misappropriated. It included the contributing of Rs.1,34,043/- by the villagers. The work was executed during the period from 2006 to 2008. The report was lodged on 24.5.2011 by Deputy Engineer, Panchayat Samiti, Chandwad. 3. The learned Counsel for the applicant contends that there is possibility of mistake in valuation of the work done. Some of the accused persons have been granted bail. The applicants were arrested on 29.9.2011. After taking instructions, the learned Counsel for the applicants, to show their bonafides, makes a statement that they are willing to deposit amount of Rs.1 lakh immediately and further amount of Rs.2 lakh within three months. On condition of depositing some amount, another accused Ravindra Thakare was granted bail by this Court. 4. Therefore, the applicants be released on their executing P.R. of Rs.25,000/- each with one or two sureties to make up the amount with condition that they shall not tamper with the prosecution evidence with further condition that before release they shall deposit amount of Rs.1 lakh with the J.M.F.C.Chandwad and they shall also deposit further amount of Rs.2 lakh within 3 BA-1855-11.sxw three months from this day. If the amount is deposited, same shall be invested in fixed deposit with some Nationalized Bank and that amount shall be subject to result of the case. (J.H.BHATIA,J.)