1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.238/2009 (Jayesh Raman Ramade vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 17 th APRIL, 2009 CRI.,APPLICATION NO. 259/2009 Heard Shri Mehta, Advocate, for the applicant. Learned counsel for the applicant states that he would file the certified copy within 15 days. Allowed to file. As the typed copy is filed, filing of certified copy if presently dispensed with. Application disposed of. CRI. APPLICATION NO. 238/2009 Heard Shri Mehta, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending arrest for the offence under Section 409 of I.P.C. in Crime No. 2 199/2008 of Police Station Gondia (Rural). Learned counsel for the applicant submits that the allegations of the said offence are based on the report submitted by the auditor. The auditor had reported that some of the vouchers of the expenses were not available and therefore, there was misappropriation. The learned counsel has further relied on the statement of the auditor that he has verified the receipts and the same are satisfactory and the relevant irregularities have been complied with. He has made this statement/ averment in his application on affidavit. Learned APP, however, submits that there are no instructions about submission of the receipts before the auditor and his satisfaction after compliance. Whatever may be the case, the statement of the applicant is on affidavit. As such, while considering the prayer of the applicant for his release under Section 438 of Cr.P.C., this aspect can be considered. In these circumstances, in the event of the arrest of the applicant for the offence under Section 409 of IP.C., in Crime No. 199/2008 of Police Station Gondia (Rural), he be released on bail on furnishing 3 surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall report at police station Gondia (Rural) as and when directed by the I.O. Application disposed of. JUDGE Rvjalit