1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 125 /2010 [Shamrao Maniram Thaware vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R R Vyas Adv.for applicant Mr A S Fulzele, APP for Respondent CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 9, 2010. The applicant is apprehending his arrest in connection with Crime No.1/2010 reported under sections 420, 468, 471 of the IPC reported at Navegaon Bandh Police Station Tah. Arjuni Morgaon. 2 Learned Advocate for the applicant contended that the applicant had filed Writ Petition against the State of Maharashtra and others including Surendra Pawar, Social Welfare Officer, Gondia in order to pray for enquiry against him for his deliberate, knowingly and intentionally not releasing the honorarium sanctioned for the approved staff of the Hostel. The said Writ Petition was decided as back as on 26th November 2009 whereby the present applicant was permitted to approach the Additional Chief Executive Officer, Zilla Parishad, Gondia with representation which was directed to be decided on merits in accordance with law. 3 Be that as it may, the applicant is facing serious accusation on the ground that he had made 2 proposal for grant even in respect of students who were not in the Hostel. According to learned APP the information which is received in the course of investigation by the I.O. needs to be investigated and verified and which can only be done by custodial interrogation of the applicant. It is alleged that the present applicant has shown names of certain students who were not even admitted, siphoned off grants to the tune fo Rs. 50,000. Learned Advocate for the applicant stated that he will deposit the amount of Rs. 50,000. However considering the serious accusation of misappropriation of Government grants, the custodial interrogation would be necessary as may be permitted by the remand Court concerned. The question as to grant of bail must be left to the discretion of the regular court to be decided on merits. 4. In order to enable the applicant to surrender before the Regular court ( JMFC Arjuni Morgaon) or I.O. before 22nd February 2010, the following order is passed: The applicant shall approach the JMFC Arjuni Morgaon and surrender himself to the custody of the I.O. concerned on or before 22nd February 2010. The regular Court may consider the plea for bail on merits after the applicant surrenders himself. Needless to state that the Investigating Officer may also apply with prayer for remand. The application if any from the I.O. shall be decided on its own merits in accordance with law. If the 3 applicant is arrested on or before 22nd February, 2010 by Arresting officer from Navegaon bandh Police Station, in that event, he shall be released on bail upon executing PR bond in the sum of Rs. 30 ,000/- with one or more sureties in the equal amount; provided that if such temporary bail expiring with timeline 22.2.2010 is availed of, the applicant shall attend the I.O. as and when required. He shall inform his fixed address with telephone/cell phone no. if any, to the I.O., and shall not tamper with the prosecution evidence in any manner. It is made clear that the temporary anticipatory bail is granted only for the purpose of enabling the applicant to surrender before the regular court and to enable him to apply for regular bail on merits before 22.2.2010. If he fails to apply for bail within stipulated period, the benefit of anticipatory bail granted for a limited period, shall stand expired automatically. Application is disposed of. Humdast allowed. Steno copy, free of cost, be provided to the learned APP. JUDGE sahare