* 1 * Cri.Appln-4070-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLCATION NO. 4070 OF 2010 [ FOR ANTICIPATORY BAIL] Arjun Jagannath Badadhe .......... Applicant V/S. State of Maharashtra .......... Respondent ******* Mr. Vikramsinh V. Yadav, Advocate for the applicant. Mr. Y.M. Nakhawa, Advocate for the respondent-State. CORAM : SMT. R.P. SONDURBALDOTA, J. SEPTEMBER 14, 2010. P.C. :- 1. The applicant who has been working as a Clerk in the office of Sub-Registrar of Assurances, files this application for anticipatory bail in connection with C.R. No.I-143 of 2009 for the offences punishable under Sections 409, 420, 460, 468, 471 read with Section 34 Indian Penal Code registered with Bhayander Police Station. He * 2 * Cri.Appln-4070-2010 had earlier filed an application to the Sessions Court, Thane which application was dismissed by the order dated 30th August, 2010. 2. In the application, the applicant merely states that he apprehends arrest in C.R. No.I-143 of 2009. The application, however, does not contain an averment that there is any apprehension of immediate arrest of the applicant with supporting statements. 3. During the period April 2007 to May 2007, the applicant was working as In-charge Sub-Registrar, Thane. During the audit of that office, several irregularities were found involving mis- appropriation of government money to the extent of more than Rs. 5,00,000/-. As per the procedure adopted in the office of the Sub- Registrar, at the time of registration of the documents, whenever the registration fees are to be paid, a challan is required to be filled in. Column-1 of the challan is to be filled by the person concerned applying for registration of the document by mentioning the amount to be deposited in the bank towards the stamp duty. The amount is to be verified by the Sub-Registrar who has to fill in column-2 on verifying the correctness of the figure mentioned in column-1. Then column-3 is to be filled in by the bank at the time of receiving * 3 * Cri.Appln-4070-2010 money. A monthly report of the amount collected by way of stamp duty is to be submitted to the Treasury. The Auditors found that the amount mentioned in the challan during the above mentioned period, does not tally with the amount deposited with the bank. It was noticed that initially a figure of small amount was mentioned in column-1 of the challan, which was copied by the Sub-Registrar in column-2. The bank had accepted the amount mentioned in the two columns without filling in column-3. But at the time of presenting the document for registration, additions were seen to be made in columns-1 and 3. This would mean that after the amount towards the stamp duty was deposited with bank, there has been addition made to the amount stamp duty which amount was not deposited with the bank and hence not received by the Government. During the course of investigation, it is found that there are 73 such challans which were fabricated in connection with C.R. No.151 of 2009. The applicant claims that he was only an In-charge Sub- Registrar at the relevant time and that his duty was to fill up column-2 as per column-1 and send the challan for payment to the State Bank of India. The learned counsel for the applicant, submits that, at the highest the conduct of the applicant can be said to be * 4 * Cri.Appln-4070-2010 negligence on his part in performing his duty and it cannot be treated as an offence. 4. The facts disclosed in the complaint are serious. The applicant admittedly was In-charge Sub-Registrar at the relevant time and as such was duty bound to fill up the second column of the challan only after verifying that the first column filled in by the person applying for registration correctly stated the stamp duty payable for registration of the document. There have been fabrication of the challans. Thus, prima-facie, the complaint shows that there is a fraud played upon the government. In my opinion, this is not a fit case of exercise of special and discretionary powers for grant of anticipatory bail. Hence, the Criminal Application is rejected. [SMT. R.P. SONDURBALDOTA, J]