1 ABA-812-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 812 OF 2011 Devendra Mallayya Koli ... Applicant vs. The State of Maharshtra ... Respondent Mr. V.V.Purwant, Advocate, for the applicant. Mr.Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th October, 2011. P.C. 1. The applicant, who is a retired Tahsildar, seeks anticipatory bail in Crime No.116/2011 registered at the Akkallkot North Police Station under Sections 420, 408, 409,467, 468, 471 read with Section 120-B of IPC. 2. According to the prosecution case, during the period 1999 to 2003, an amount of Rs.1,23,125/- was misappropriated out of the grants given under Sanjay Gandhi Niradhar Yojana to Akkalkot Tahsil. According to the prosecution, the present applicant, who was Tahsildar during the relevant period, had issued the bearer cheques in the name of one Ravindra Konapure, who was Awal Karkoon in Tehsil Office for the purpose of disbursement of the amounts to 2 ABA-812-11.sxw the beneficiaries. However, said Ramchandra Konapure misappropriated the amount. The present applicant had facilitated misappropriation by issuing the bearer cheques and by neglecting proper supervision. It is contended that false and fabricated documents were prepared to show the payments which were actually not made. It appears that these facts were revealed in the audit report for the period 2004 to 2006 and thereafter the departmental enquiry was also initiated against the present applicant and said Konapure. The applicant is a senior citizen aged about 63 years at present and he appears to have retired from service 5 years before. Taking into consideration the amount involved and the allegations made against him, custodial interrogation of the applicant does not appear to be necessary. 3. Therefore, in the event of arrest of the applicant in Crime No. 116/2011, the applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall make himself available to police as and when required for the purpose of interrogation and shall fully co- operate in the investigation. (J.H.BHATIA,J.)