1 criap-4916.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4916 OF 2011 Krushna s/o Laxman Valvi applicant vs The State of Maharashtra respondent --- Shri R.R. Mantri, Advocate, instructed by Shri D.S.Bagul, Advocate, for the applicant. Shri D.R. Kale, A.P.P. for Respondent-State. --- Coram: R.Y. Ganoo, J. Date : November 30, 2011. P. C. 01. The applicant apprehends arrest in CR No. 74 of 2011, registered with Shahada Police Station, District Nandurbar, for offences punishable under Sections 166, 167, 120-B, 171, 403, 406, 408 and 500 of the Indian Penal Code. 02. The applicant took charge as Chief Officer of Shahada Municipal Council, on 3.7.2006, by which time, the tender filed by the company Ajinkya Biofert was accepted and payment of advance of ` 30.00 lakhs (Rupees Thirty lakhs only) was made to the company towards 2 criap-4916.11 services to be rendered by it. It is noticed that the present applicant, in his capacity as Chief Officer of the Municipal Council, had prepared a note on or about 5.7.2007, stating that at the time of settling the Running Account bill submitted by the said company, a sum of ` 30.00 lakhs paid by way of advance, should be deducted. The record indicates that the Standing Committee, on 19.5.2007, had recommended that the money should not be paid till the decision is taken in the next meeting. However, in the General Body meeting of the Council, held on 5.7.2007, a decision was taken to make payment to the said company, without deducting the amount of ` 30.00 lakhs, paid to it as advance. 03. It appears that a cheque came to be issued by the Collector, pursuant to the grant of monies towards Running Account bill, by the General Body. 04. After having considered the police papers and appreciated the facts, it is apparent that the present applicant had no specific role to play as regards grant of advance, as the said advance was paid to the company before he had taken charge as Chief Officer, as also sanction of payment of monies as per Running Account bill, as the General Body had sanctioned such payment. 3 criap-4916.11 05. For these reasons, the applicant can be granted anticipatory bail, as his custodial interrogation is not necessary. 06. Hence, following order is passed to dispose of this application. In the event of arrest of present applicant in CR No.74 of 2011, registered with Shahada Police Police Station, District Nandurbar, he be released on bail in the sum of ` 25,000/= with one surety in the like amount. He shall execute P.R. bond in the sum of ` 25,000/=. The applicant has reported to the concerned police station, firstly, on 20.11.2011. Learned Advocate for the applicant states that the applicant was also called by police after 20.11.2011. Hence, in future, if the applicant is asked by the concerned police to report for interrogation, he shall make himself available. Application is disposed of. pnd/criap-4916.11 (R.Y. Ganoo, J.)