{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.654 OF 2010 Ramesh s/o Vitthal Chaudhari Age-65 years, Occ-Agri R/o Kingaon, Tq-Yaval, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for applicant Mr. B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.15/2010 registered with Yawal police station for an offence punishable u/s 420, 467, 468 and 471 of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned APP. {2} 3. It appears that the said offence is registered on the complaint of one Dr.Firoz Tadvi. A reference of one PIL, filed before this Court bearing No.130/2006, is given in the compliant. The said PIL was filed against the present applicant and others and during the pendency of the said PIL, a high power committee came to be appointed for fact finding. So far as charge against the present applicant is concerned, the same is in respect of submission of bills and reimbursement of medical bills to the tune of Rs.20,09,657/- during the period 2003 to 2007. Accordingly, the inquiry committee submitted its report. The applicant was asked and he has repaid the amount in the sum of Rs.20,09,657/-, which also finds place in the report of the inquiry committee. 4. It is alleged that misusing the powers vested in him, the applicant has misappropriated the government funds by way of reimbursement of bogus medical bills. To show his bona fides, the applicant has already repaid the said amount. The bills, which were reimbursed, are in the custody of the inquiry committee and though it has to be verified as to whether the said bills are genuine or not, for which custodial interrogation of the applicant is not necessary. Though the application is opposed on the ground that custodial interrogation of the application is necessary to ascertain as to from where the said bills are procured by the applicant, yet the Court is not in agreement with the said submission. As already the amount, which was received by the applicant towards medical {3} reimbursement has been repaid, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code and to enlarge the applicant on anticipatory bail. 5. In the result, the application is allowed. The interim relief granted on 17.02.2010 is hereby confirmed and the same to remain in force till filing of the charge sheet. Applicant to cooperate with the investigating agency. [A.V.POTDAR, J.] drp/A10/criapln654-10