MP 1 ABA829_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 829 OF 2011 Yashwant Sakharam Nivadekar ... Applicant Versus State of Maharashtra ... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 830 OF 2011 1. Vasant Vithoba Indulkar 2. Jaysing Mahadev Indulkar ... Applicants Versus State of Maharashtra ... Respondent Mr. Chitnis, Senior Counsel i/b. Mr. Hrishikesh Mundargi for the Applicant in ABA No. 829 of 2011 and i/b. Mr. Bordeskar, Advocate for the Applicants in ABA No. 830 of 2011. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 14TH OCTOBER 2011 P. C. : The applicants seek anticipatory bail in Crime No. 28 of 2011 registered with the Lanja Police Station, District Ratnagiri for the offences punisable under Sections 409, 408, 420, 467, 468, 471, 477-A r/w. Section 34 of the Indian Penal Code. 2. It appears that under an Integrated Waste Land Development Scheme launched by the Central Government, certain works were undertaken in four villages i.e. Ringane, Hardakhade, Kondage and Kurang in Lanja Taluka, District Ratnagiri during the year 2002-2003. The work was to be undertaken by a Local Project Committee consisting of representatives of villagers and was to be assisted by the Secretary of the concerned Grampanchayat. MP 2 ABA829_11 3. A Writ Petition No.3694 of 2010 was filed by one Sanjay Ahire and others, including the intervener Kishore Madhukar Ayare, alleging that huge corruption had taken place and work was not actually done, but money was siphoned off by the member of the concerned Committees and the concerned officers. During the hearing of the Petition, it was pointed out that the Government had already appointed a Committee of five senior officers to look into the matter. The report of that Committee was submitted before the High Court and the Division Bench directed the police to register F.I.R., and accordingly, the offence came to be registered and it is under investigation. 4. The learned APP, on instructions from the Investigating Officer, points out that in respect of the work done under the Committee for village Hardakhade, there appears misappropriation to the tune of Rs.76,225/-, while, there were misappropriations to the tune of Rs.7,91,790/- in respect of the works done in three other villages namely, Ringane, Kondage and Kurang. It is contended that the applicant Yashwant Sakharam Nivadekar, who was the Agricultural Assistant for those three villages during the relevant period, was responsible for the misappropriation of Rs.29,330/-. Applicant Vasant Vithoba Indulkar, the then Chairman of the Committee for village Hardakhade, was responsible for the misappropriation / loss of Rs.42,375/- and the applicant Jaysing Mahadev Indulkar, who was a Secretary of the Committee for village Hardakhade, was responsible for the misappropriation of Rs.51,702/-. It is alleged that these are either over-payments or there there were no payments and the amounts were misappropriated. It may be noted that there is a great variance in the amount of misappropriation as per the investigation carried out by the police and the report of the inquiry conducted by five senior police officers appointed by the Government. The misappropriation shown by the Enquiry Committee was much less. Taking into consideration the facts of these cases, a number of accused persons have already been granted anticipatory bail by this Court from time to time. The learned Senior Counsel MP 3 ABA829_11 for applicants states that the applicants, to show their bonafides, are willing to deposit the amounts of misappropriation without admitting the commission of crime. In my opinion, on the principle of parity, the applicants are also entitled to be granted anticipatory bail. 5. Therefore, in the event of arrest in Crime No.28 of 2011, the applicants namely, Yashwant Sakharam Nivadekar, Vasant Vithoba Indulkar and Jaysing Mahadev Indulkar shall be released on their executing P.R. of Rs. 25,000/- each with one or two sureties in the like amount with condition that they shall make themselves available to the police as and when required for the purpose of investigation / interrogation and they shall fully co-operate in the investigation. They shall also produce all the documents which may be required by the police. 6. The applicant Yashwant Sakharam Nivadekar shall deposit amount of Rs.50,000/-, Vasant Vithoba Indulkar shall deposit amount of Rs.75,000/- and Jaysing Mahadev Indulkar shall deposit amount of Rs.60,000/- with the Court of J.M.F.C., Lanja within two weeks from this date. In case they fail to deposit the amount, the prosecution may move this Court for cancellation of anticipatory bail on that ground itself. If the amount is so deposited, the learned Magistrate shall invest the said amount in Fixed Deposits for a period of two years with some Nationalised Bank and they shall be renewed from time to time, if necessary. The amounts, so deposited, shall be subject to the result of the criminal trial. 7. All these applications stand disposed of accordingly. (J. H. BHATIA, J)