{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 872 OF 2010 Walmik s/o Bhivsen Nagargoje Age-47 years, Occ-Service R/o Mandekhel, Tq-Parali (V) Dist-Beed APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Police Station Majalgaon Dist-Beed RESPONDENT ....... Mr. S.S.Thombre, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th June 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.209/2009 registered with Majalgaon police station, as the applicant is arrested on 21st January 2010. It is informed that after completion of the investigation, charge sheet has been filed before the JMFC, Majalgaon on 20.04.2010 and the case is numbered as RCC No. 65/2010. 2. Heard learned counsel for the applicant followed by {2} learned APP. 3. The alleged offence is registered against the applicant for an offence punishable u/s 409, 467, 471 and 420 of the Indian Penal Code with sections 3 and 7 of the Essential Commodities Act. It is alleged that the applicant has misappropriated the food grains stored in the Government Godowoon. As charge sheet is filed after completion of the investigation and in view of the fact that the case of the prosecution is based on the documents, which are already seized and now are in the custody of the IO, there are no chances of tampering of the evidence by the applicant. In view of the fact that the courts of Magistrates are flooded with cases, it is not desirable to detain the applicant behind the bars for uncertain period, for an offence which is triable by the Magistrate. In the premise, the application deserves to be allowed. 4. In the result, the application is allowed. The applicant be released on bail in connection with CR No. No.209/2009 registered with Majalgaon police station, on his furnishing solvent surety in the sum of Rs.50,000/- and on executing PR bond in the like amount. The prosecution is at liberty to apply for expeditious hearing of the trial, if they so desire. The application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln872-10