1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 713/2010 Kashinath Vithoba Kamble and anr. ..vs.. State of Maharashtra thr. PSO P.S. Armori, Dist. Gadchiroli Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Bapat, Advocate for the applicant. Mr. Fulzele, A.P.P. for the non-applicant/State Coram: Prasanna B. Varale, J. Date : May 18, 2010 1. Heard learned counsel for the parties. 2. The applicants are serving as Peon in Mahatma Fule Vidyalaya, Deulgaon and an offence vide Crime No. 17/2010, is registered against these applicants along with other persons on 15.04.2010 for the offence punishable under Sections 409 r/w Section 34 of the Indian Penal Code. It is the case of the prosecution that the applicants, who are working as Peon in the School, in connivance of the co- accused, Head Master and Clerk of the School, sold out 2 quintals of rice from the school godown. Mr. Bapat, the learned counsel for the applicants, further submits that the stock of foodgrains was kept in the school godown and the 2 keys of the godown were in the custody of the Head Master. Mr. Bapat further submits that the applicants being peons were not in a position to operate the godown with keys as the keys were kept with the Head Master. He further submits that the Head Master, who is co-accused, is already released on anticipatory bail. 3. Mr. Fulzele, the learned A.P.P., strongly opposed the application and submits that the investigation is still in progress. The learned A.P.P. is not in a position to show specific material so as to suggest the actual involvement of the applicants. 4. In view of above, I am inclined to allow the application subject to the following conditions. (a) In the event of arrest, the applicants shall be released on bail on executing P.R. Bond in the sum of Rs.10,000/- (Rs. Ten Thousand Only) each. (b) The applicants shall attend the Investigating Officer of Crime No.17/2010 registered with Police Station, Armori, twice in a week i.e. on every Sunday from 11.00 a.m. to 1.00 p.m. and on every Wednesday from 5.00 p.m. to 7.00 p.m. till the charge-sheet is filed. 3 (c) The applicants shall cooperate the investigating agency and not to indulge in any offence. (d) The applicants shall not leave Devulgaon, Tq. Armori, Dist. Gadchiroli without giving pre-intimation to the Investigating Officer. Hamdast allowed. J UDGE kahale